Jacobson v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». D. G. Taylor, Judge. ' (1) The defendant’s instruction, offered at the close of all the evidence, asking the- court to instruct that plaintiff was not entitled to recover, should have been given. The undisputed testimony shows: First. That the place at which plaintiff attempted to alight was not a regular stopping place for discharging passengers. Second.
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Appeal from St. Louis City Circuit Court. — Ho». D. G. Taylor, Judge. ' (1) The defendant’s instruction, offered at the close of all the evidence, asking the- court to instruct that plaintiff was not entitled to recover, should have been given. The undisputed testimony shows: First. That the place at which plaintiff attempted to alight was not a regular stopping place for discharging passengers. Second. That the motorman in charge of the movements of the car knew nothing of plaintiff’s position on the car. Third. That no signal of any kind was given by the conductor to the motorman until…
1Opinion of the CourtReybubn, J.
(after stating the facts.) — 1. No complaint is made by defendant, nor any error assigned by it,, in the course of the trial, except to and in the *345instructions refused and given. The charge to the jury consisted of three instructions at instance of plaintiff, four at request of defendant, and one asked by defendant and given in modified form. The only instruction wholly refused was the imperative direction to find for defendant under the pleadings and all the evidence. The ruling of the trial court in rejecting the latter instruction, which appears to have been offered at close of all the…
2Cases cited3 opinions
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Chicago West Division Railway Co. v. MillsIllinois Supreme Court · 1882
3Cited by4 opinions
- Martin v. YeohamMissouri Court of Appeals · 1967
- Murphy v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Hays v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
- Elliot v. United Railways Co.Missouri Court of Appeals · 1919