American Storage & Moving Co. v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. Warwick Hough, Judge. It is error to submit to the jury in an instruction an issue, which there is no evidence to support. There was no evidence that tbe car was driven at a dangerous and reckless speed.
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Appeal from St. Louis City Circuit Court.— Hon. Warwick Hough, Judge. It is error to submit to the jury in an instruction an issue, which there is no evidence to support. There was no evidence that tbe car was driven at a dangerous and reckless speed. Holden v. Railroad, 177 Mo>. 456. There is nothing in defendant’s contention that plaintiff’s instruction numbered 4, allowing a recovery for the damage to the goods belonging to another which were damaged in this collision, was erroneous. It is immaterial on what ground the learned judge permitted this recovery, and it is of no importance…
1Opinion of the CourtBland, P. J.
Action to recover damages to two horses, a set of harness, a moving van and a van load of furniture, caused by a collision between the van and one of defendant’s street cars, on Hamilton avenue, in the city of St. Louis, on the 26th day of March, 1904. The United Railways Company was joined as a defendant *412but the suit as to it was dismissed by tbe plaintiff at tbe close of its evidence, and the trial proceeded against tbe Transit Company, resulting in a verdict and judgment in plaintiff’s favor for $138.20, from wbicb defendant appealed.
On tbe part of tbe plaintiff, the evidence tends to show…
2Cases cited4 opinions
- Holden v. Missouri RailroadSupreme Court of Missouri · 1903
- Stanley v. Bircher'sSupreme Court of Missouri · 1883
- Latson v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- J. F. Conrad Grocer Co. v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1901
3Cited by5 opinions
- State v. SmithSupreme Court of Missouri · 1913
- Engelman v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Parker-Washington Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1912
- St. Louis Carbonating & Manufacturing Co. v. United Railways Co.Missouri Court of Appeals · 1911
- Winfrey v. St. Louis Transit Co.Missouri Court of Appeals · 1907