Ilges v. St. Louis Transit Co.
Missouri Court of Appeals
; Appeal from St. Louis City Circuit Court. — Row. Robt. M. Foster, Judge. (1) The term “highest degree of care” ought not to have been used at all, or else its meaning should have been expressly confined to that degree of care which a very prudent person would employ under like circumstances. Dougherty v. Railroad, 97 Mo. 647; Smith v. Railroad, 108 Mo. 243; Jackson v. Railroad, 118 Mo. 225; Freeman v. Railroad, 95 Mo.
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; Appeal from St. Louis City Circuit Court. — Row. Robt. M. Foster, Judge. (1) The term “highest degree of care” ought not to have been used at all, or else its meaning should have been expressly confined to that degree of care which a very prudent person would employ under like circumstances. Dougherty v. Railroad, 97 Mo. 647; Smith v. Railroad, 108 Mo. 243; Jackson v. Railroad, 118 Mo. 225; Freeman v. Railroad, 95 Mo. App. 94; (2) A commission to “think” damages is truly boundless. Camp v. Railroad, 94 Mo. App. 284; Railroad v. May, 33 111. App. 366. (1) A common carrier of persons is…
1Opinion of the CourtBland, P. J.
On the fifteenth day of August, 1902, the plaintiff was a passenger on one of defendant’s street cars running south on Grand Avenue in the city of St. Louis. She was either thrown from the car into the street by the sudden jerk or lurch of the car forward, or stepped off the car while it was in motion and fell into the street. The fall, however occasioned, injured her. For these injuries she recovered a judgment for $2,833 in the circuit court. From this judgment the defendant duly appealed.
The petition counts upon six distinct acts of negligence on the part of defendant but the court…
2Cases cited9 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1888
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3Cited by6 opinions
- Brooks v. StewartSupreme Court of Missouri · 1960
- United Railways & Electric Co. v. PhillipsCourt of Appeals of Maryland · 1916
- Augusta Railway & Electric Co. v. LyleCourt of Appeals of Georgia · 1908
- Torreyson v. United Railways Co.Missouri Court of Appeals · 1910
- Opinion No., Texas Attorney General Reports1982
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