Legal Opinion

Hoeffen v. Columbia Taxicab Co.

Missouri Court of Appeals

Decided December 31, 1913PublishedCited by 16 opinions

Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The demurrer to the evidence should have been sustained.

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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The demurrer to the evidence should have been sustained. Whether plaintiff was arrested ‘ ‘ while a passenger in and on one of defendant’s cabs” and said arrest was continued thereafter, or whether he was not arrested until after he had voluntarily alighted from said cab, in either event it was incumbent upon the plaintiff to prove that the chauffeur had authority from defendant to so arrest, and the evidence having shown expressly that he had no such authority, plaintiff was not entitled to recover. Grayson v. Transit…

1Opinion of the CourtNortoni, J.

This is a suit for damages said to have accrued to plaintiff through his alleged false arrest by defendant. Plaintiff recovered and defendant prosecutes the appeal.

The suit proceeds as if the relation of passenger and carrier obtained between the parties at the time of the grievance complained of, and the question for consideration pertains to that subject-matter.

It appears defendant is an incorporated company engaged in the business of operating taxicabs in the city of St. Louis for the accommodation and transportation of all persons who may apply to it to convey them from one point to…

2Cases cited22 opinions

  1. Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
  2. Pennsylvania Co. v. McCaffreyIllinois Supreme Court · 1898
  3. Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
  4. Chicago Terminal Transfer Railroad v. SchmellingIllinois Supreme Court · 1902
  5. New Ellerslie Fishing Club v. StewartCourt of Appeals of Kentucky · 1906

17 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Greene v. City of San AntonioCourt of Appeals of Texas · 1915
  2. Huston v. City of Des MoinesSupreme Court of Iowa · 1916
  3. Cushing v. WhiteWashington Supreme Court · 1918
  4. Melconian v. City of Grand RapidsMichigan Supreme Court · 1922
  5. Carlton v. BoudarSupreme Court of Virginia · 1916

11 more not listed; retrieve them via the Exa API.

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