Magrane v. St. Louis & Suburban Railway Co.
Supreme Court of Missouri
Appeal from. St. Charles Circuit Court. — No». E. M. Hughes, Judge. (1) The court erred in giving instruction 1 asked by plaintiff. Said instruction is erroneous: (a) Because it imposes upon defendant too high a degree of care in the operation of its cars. Jackson v. Railroad, 118 Mo. 224; Jacquin v. Cable Co., 57 Mo. App. 320; Hite v. Railroad, 130 Mo. 132. (b) Because it is based upon the theory that plaintiff was injured by the collision of the ears.
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Appeal from. St. Charles Circuit Court. — No». E. M. Hughes, Judge. (1) The court erred in giving instruction 1 asked by plaintiff. Said instruction is erroneous: (a) Because it imposes upon defendant too high a degree of care in the operation of its cars. Jackson v. Railroad, 118 Mo. 224; Jacquin v. Cable Co., 57 Mo. App. 320; Hite v. Railroad, 130 Mo. 132. (b) Because it is based upon the theory that plaintiff was injured by the collision of the ears. Peary v. Railroad, 162 Mo. 75; Chitty v. Railroad,-148 Mo. 64; McManamee v. Railroad, 135 Mo. 440; Waldheir v. Railroad, 71 Mo. 314; McCarty…
1Opinion of the CourtValliant, J.
The defendant owns and operates a system of street railroads in the city of St. Louis and the county of St. Louis.
On September 7, 1900, a collision occurred between two cars of .defendant that were running on the same track, each in the opposite direction to the other. The plaintiff was a passenger on one of the cars and received personal injuries in the collision; that is, he was not on the car at the instant it came in actual collision with the other, hut when the danger of a collision was imminent, there was a panic rush of the people on the car to escape, and the plaintiff standing on the…
2Cases cited2 opinions
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Malloy v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
3Cited by32 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Moore v. St. Louis Transit Co.Supreme Court of Missouri · 1910
- Meade v. Kansas City Public Service Co.Supreme Court of Missouri · 1952
- McCardle v. George B. Peck Dry Goods Co.Supreme Court of Missouri · 1917
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