McHugh v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court.— Hon. John W. McElhinney, Judge. (1) The court erred in. overruling the several motions to elect filed by appellant. The petition being in a single count, contains two distinct causes of action.
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Appeal from St. Louis County Circuit Court.— Hon. John W. McElhinney, Judge. (1) The court erred in. overruling the several motions to elect filed by appellant. The petition being in a single count, contains two distinct causes of action. Post v. Campan, 42 Mich. 96. The primary right of the plaintiff alleged to have been neglected by the defendant was the right to have-her car stop at her point of destination, and there held for a reasonable time to enable her to alight; the neglect of defendant to award her that primary right constituted the delicti, which, when followed by injury,…
1Opinion of the CourtBurgess, J.
This is an action for damages alleged to have been sustained by the plaintiff, resulting from injuries received in an accident which occurred' at the intersection of Delmar and Euclid avenues, in the city of S.t. Louis, on the 1st day of April, 1901, by reason of one of the cars of the defendant, in which plaintiff was a passenger, being started forward with a jerk just as plaintiff was in the act of alighting therefrom.
The petition alleges that as such car approached said Euclid and Delmar avenues, defendant’s conductor in charge of said car called out Euclid avenue, and said car was stopped…
2Cases cited23 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Mooney v. KennettSupreme Court of Missouri · 1854
- Christal v. CraigSupreme Court of Missouri · 1883
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
18 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Coleman v. City of OaklandCalifornia Court of Appeal · 1930
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Clancy v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Boquist v. Montgomery Ward & Co., Inc.Missouri Court of Appeals · 1974
- Fellhauer v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1915
11 more not listed; retrieve them via the Exa API.