Abbitt v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from Callaway Circuit Court. — How. John A. Hockaday, Judge. (1) The first and second instructions given for plaintiff are erroneous. The first submits to the jury a question of law, to be determined by them as a question of fact. Cockrell- v. McIntyre, 161 Mo.. 59. (2) The second instruction given for plaintiff does not con-fine the jury to the negligence alleged in the petition.
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Appeal from Callaway Circuit Court. — How. John A. Hockaday, Judge. (1) The first and second instructions given for plaintiff are erroneous. The first submits to the jury a question of law, to be determined by them as a question of fact. Cockrell- v. McIntyre, 161 Mo.. 59. (2) The second instruction given for plaintiff does not con-fine the jury to the negligence alleged in the petition. It does not limit the jury to the question of whether the car was stopped for plaintiff to- alight, and then started while she was alighting. Live Stock Co. v. Hunter, 91 Mo. App. 333. (3) The fifth…
1Opinion of the CourtSmith, P. J.
This is an action by plaintiffs against defendant to recover damages for personal injuries received by one of the former, Fannie B. Abbitt, in consequence of the negligence of the- latter. The negligence for which plaintiffs claim liability is alleged in the petition in this way: ‘‘ That whilst said Fannie B. Abbitt was in the act of alighting from defendant’s said car at or near the intersection of Broadway (or Fifth street) and Bremen avenue, in said city, where said car had stopped to permit said Fannie to alight, said defendant violated its said agreement and its duty *642to said plaintiff,…
2Cases cited6 opinions
- Chilton v. City of St. JosephSupreme Court of Missouri · 1898
- Cullar v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1900
- Ross v. Kansas CityMissouri Court of Appeals · 1892
- Dawson v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Cockrell v. McIntyreSupreme Court of Missouri · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Johnston v. OwingsMissouri Court of Appeals · 1952