Strauss v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Dcmiel tí-. Taylor, Judge. (1) To constitute the relation of carrier and passenger there must always be an offer and request to be carried on one side and an acceptance on the other. Schepers v. Railroad, 126 Mo. 665'; Schaefer v. Railroad, 128 Mo. 71; Duff v. Railroad, 91 Pa. St. 458; 2 Shear. & Redf. on Neg.
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Appeal from St. Louis City Circuit Court. — Hon. Dcmiel tí-. Taylor, Judge. (1) To constitute the relation of carrier and passenger there must always be an offer and request to be carried on one side and an acceptance on the other. Schepers v. Railroad, 126 Mo. 665'; Schaefer v. Railroad, 128 Mo. 71; Duff v. Railroad, 91 Pa. St. 458; 2 Shear. & Redf. on Neg. (4 Ed.), sec. 488; Patterson’s Railway Accident Law, secs. 210-214. (2) In an action against a railroad company to recover for wrongs sustained by the plaintiff in Ms character as a passenger, that relationship between the plaintiff and…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).— No bill of exceptions was filed in this ease which is before this court upon the naked record, and restricting consideration or review to questions arising on the .face of the record; if material error appear patent on the face of the record, the judgment should be reversed, even in absence of a motion for new trial or in arrest, but not otherwise. Appellant’s counsel has argued at length the propositions comprehended in the demurrer to the petition, but the first ground of objection only can be considered in the condition in which this controversy has…
2Cases cited6 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Paddock v. SomesSupreme Court of Missouri · 1890
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Seckinger v. Philibert & Johanning Manufacturing Co.Supreme Court of Missouri · 1895
- Estes v. Desnoyers Shoe Co.Supreme Court of Missouri · 1900
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3Cited by3 opinions
- Tate v. State Highway CommissionMissouri Court of Appeals · 1932
- Continental Zinc Co. v. Amsden, Leonard & Co.Missouri Court of Appeals · 1907
- State v. KimmonsMissouri Court of Appeals · 1907