Day v. Citizens Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The court erred in giving the plaintiff’s instruction number 1, because, first, it had not been shown that the defendant was amenable to the ordinance, upon which the instruction was founded; and, secondly, there was no evidence that the car could have been stopped in time to save him, even if the motorman had seen plaintiff as he left the pavement; thirdly, to have seen him as he left the…
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Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The court erred in giving the plaintiff’s instruction number 1, because, first, it had not been shown that the defendant was amenable to the ordinance, upon which the instruction was founded; and, secondly, there was no evidence that the car could have been stopped in time to save him, even if the motorman had seen plaintiff as he left the pavement; thirdly, to have seen him as he left the pavement, the motorman could not have been keeping a vigilant watch ahead where danger is to be expected, buit would have to…
1Opinion of the CourtBland, J.
The charging part of the petition is as follows: “Plaintiff further alleges that on the 6th day of November, A. D., 1898, about the hour of six (6) o’clock p. m., whilst he was crossing Eranklin avenue at Thirteenth street, going from the south of said street to the north thereof, and whilst between the tracks upon which defendant run3 its ears, he slipped and fell, and before he could recover himself, the defendant, by its agents, servants and employees, who were then and there in charge of and running one of defendant’s cars west on said Eranklin avenue, so carelessly and negligently…
2Cases cited7 opinions
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
- Rhodes v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1890
- Sanders v. Southern Electric Railway Co.Supreme Court of Missouri · 1898
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dean v. St. Louis Woodenware WorksMissouri Court of Appeals · 1904
- Fry v. St. Louis Transit Co.Missouri Court of Appeals · 1905