Craig v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuillin, .Judge. (1) In the absence of proof, negligence will not be presumed against appellant from the mere fact that the respondent may have been injured, as carriers are not insurers of the safety of their passengers. Van Cleve v. Railroad, 107 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuillin, .Judge. (1) In the absence of proof, negligence will not be presumed against appellant from the mere fact that the respondent may have been injured, as carriers are not insurers of the safety of their passengers. Van Cleve v. Railroad, 107 Mo. App. 96; Palmer v. Railroad, 111 N. Y. 488; Kelly v. Railroad, 112 N. Y. 443; Pearn v. Perry Co., 143 Pa. 122; Proud v. Railroad, 64 N. J. L. 702. (2) The court committed error in giving instruction number one for the plaintiff, for, since it entirely ignores the element of time, the…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries through the *621alleged negligence of defendant.' Plaintiff recovered and defendant prosecutes the appeal.
Defendant, an incorporated company, is a common carrier of passengers in St. Louis. Plaintiff boarded one of its street cars operated on the Iiamilton.Avenue Line, at Wellston, paid her fare and took passage to the ear barns at DeBaiiviere and Delmar avenues, where she contemplated transferring to another line for her home. The conveyance was one of those known as a “pay-as-you-enter car.” In street cars of this…
2Cases cited11 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wittkower v. Dallas Ry. & Terminal Co.Court of Appeals of Texas · 1934
- Anderson v. Kansas City Railway Co.Supreme Court of Missouri · 1921
- Taylor v. Missouri Pacific RailroadSupreme Court of Missouri · 1925
- Smith v. Kansas City Public Service Co.Missouri Court of Appeals · 1933
- Swiastyn v. St. Joseph Light & Power Co.Missouri Court of Appeals · 1970
2 more not listed; retrieve them via the Exa API.