Spencer v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jas. R. Kinealy, Judge. STATEMENT. The plaintiff took passage on one of defendant’s street cars, in the city of St. Louis, paid his fare and received from the conductor a transfer ticket, authorizing him to become a passenger of one of defendant’s Olive street cars travelling east.
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Appeal from St. Louis City Circuit Court. — Hon. Jas. R. Kinealy, Judge. STATEMENT. The plaintiff took passage on one of defendant’s street cars, in the city of St. Louis, paid his fare and received from the conductor a transfer ticket, authorizing him to become a passenger of one of defendant’s Olive street cars travelling east. For the purpose of boarding an Olive street car plaintiff went to the intersection of Delmar and DeJBaliviere avenues and there took a position on the defendant’s platform, from which passengers were received on Olive street cars. The petition alleges that after…
1Opinion of the CourtBland, P. J.
(after stating the.facts). — 1. Defendant strenuously insists that plaintiff’s own evidence shows that he was guilty of contributory negligence, as a matter of law, in attempting to board a rapidly moving car. Plaintiff’s evidence tends to show that the car was running about as fast ás a man could ordinarily walk. The evidence of some of plaintiff’s witnesses put the speed at what would be a fast walk. One on boarding a car for the purpose of becoming a passenger thereon is bound to exercise ordinary care, and if, as was held in Weber v. Railway, 100 Mo. 194, 12 S. W. 804, 13 S. W. 587, the…
2Cases cited5 opinions
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Eikenberry v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Murphy v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1891
- Kennedy v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Heaton v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1896
3Cited by8 opinions
- White v. United Railways Co.Supreme Court of Missouri · 1913
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
- Nolan v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1913
- Danielson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
- Fults v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
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