Dawson v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The demurrer to the evidence should have been sustained. Colderwood v. North Birmingham, etc.,. Co., 96 Ala. 318, 2 Am. Neg. Cases 84; Harmon v. Railroad, 17 T). C. 57, 2 Am. Neg-. Cas. 296; Outen v. Railroad, 94 Ga. 662, 2 Am. Neg. Cas. 485; Clotworthy v. Railroad, 80 Mo. 220. (2) There was no evidence to-justify the giving of the first instruction for the plaintiff.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The demurrer to the evidence should have been sustained. Colderwood v. North Birmingham, etc.,. Co., 96 Ala. 318, 2 Am. Neg. Cases 84; Harmon v. Railroad, 17 T). C. 57, 2 Am. Neg-. Cas. 296; Outen v. Railroad, 94 Ga. 662, 2 Am. Neg. Cas. 485; Clotworthy v. Railroad, 80 Mo. 220. (2) There was no evidence to-justify the giving of the first instruction for the plaintiff. It predicates the finding for the plaintiff upon the fact that the motion of the car “was very slight” when it reached the south side of Chestnut street,…
1Opinion of the CourtBland, P. J.
The petition states, in substance, that on October 29, 1902, plaintiff was a passenger on one of defendant’s cars going south on Broadway, in the city of St. Louis; that he boarded the same at Morgan' street, and that his destination was Chestnut street, where Broadway crosses the same; that when he handed the conductor his fare (a transfer ticket) he informed him that he wanted to get off at Chestnut street; that it was the custom of defendant to stop its ears on the south side of Chestnut street to allow passengers to get off; that when the car reached the north side of Chestnut street he…
2Cases cited8 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Leslie v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sylcox v. National Lead Co.Missouri Court of Appeals · 1931
- Bond v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1904
- Abbitt v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Ghio v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Grubbs v. Cincinnati, Lawrenceburg & Aurora Street Railway Co., Court of Common Pleas of Ohio, Hamilton County1914
1 more not listed; retrieve them via the Exa API.