Maguire v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. R. D. Wood, Judge. (1) The motion to require the plaintiff to elect on which count he would proceed should have been sustained. Roberts v. Railroad, 43 Mo. App. 289. (2) The first instruction given for the plaintiff is erroneous. It is simply holding the defendant liable for a mistake of the plaintiff — a mistake none of the other fifteen men standing there made — and which the .defendant in no manner induced.
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Appeal from St. Louis City Circuit Court. — Row. R. D. Wood, Judge. (1) The motion to require the plaintiff to elect on which count he would proceed should have been sustained. Roberts v. Railroad, 43 Mo. App. 289. (2) The first instruction given for the plaintiff is erroneous. It is simply holding the defendant liable for a mistake of the plaintiff — a mistake none of the other fifteen men standing there made — and which the .defendant in no manner induced. This can not be good law; it is not common sense. Traction Co. v. Ringgold, 78 Md. 409; 3 Am. Eng. Cas. 731; Broom’s Leg. Max. (7 Ed.),…
1Opinion of the CourtBland, P. J.
— The petition is in two counts. The, first alleges, in substance, that on November 24, 1902, plaintiff, desiring to become a passenger on one of defendant’s cars bound eastward on Maryland avenue, in the city of St. Louis, took his stand at the southeast corner of Euclid and Maryland avenues, the proper and usual place where defendant’s cars stopped to take on passengers; that when the car approached Euclid avenue, he signalled the motorman in charge of his desire to become a passenger and the motorman, as he approached Euclid avenue and crossed the same, slowed down his car; that on…
2Cases cited7 opinions
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1888
- Ball v. MabrySupreme Court of Georgia · 1893
- Seawell v. Kansas City, Ft. Scott & Memphis RailroadSupreme Court of Missouri · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mayne v. Kansas City Railways Co.Supreme Court of Missouri · 1921
- Lewis v. Houston Electric Co.Court of Appeals of Texas · 1905
- Duffendack v. St. Louis Public Service CompanyMissouri Court of Appeals · 1963
- Ede v. WardSouth Dakota Supreme Court · 1913
- Martin v. HillMissouri Court of Appeals · 1907
7 more not listed; retrieve them via the Exa API.