Jerome v. United Railways Co.
Missouri Court of Appeals
Appeal from St., Louis City Circuit Court. — Hon. George N. Williams, Judge. (1) Plaintiff’s instruction No. 4, which directed the jury to return a verdict for the plaintiff if they believe the car was “started forward with a sudden and an unusual jerk” while' plaintiff was alighting therefrom is erroneous, because it does not require the jury to find further that the car was not stopped a sufficient length of time to permit plaintiff to alight.
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Appeal from St., Louis City Circuit Court. — Hon. George N. Williams, Judge. (1) Plaintiff’s instruction No. 4, which directed the jury to return a verdict for the plaintiff if they believe the car was “started forward with a sudden and an unusual jerk” while' plaintiff was alighting therefrom is erroneous, because it does not require the jury to find further that the car was not stopped a sufficient length of time to permit plaintiff to alight. Millar v. Transit Co., 215 Mo. 607, 619; Cramer v. Traction Co., 112 Mo. App. 350, 363; Clotworthy v. Railroad, 80 Mo. 220; Jackson v. Railroad, 118…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes' the appeal.
It appears plaintiff, a lady about sixty years of age, was a passenger on defendant’s street car operated by it on Olive street in the city of St. Louis. She was seated in the forward portion of the car. Upon approaching Theresa avenue, which was her destination, she gave the signal for the car to stop to permit her to alight. In pursuance of the signal, the car came to a stop at the usual place for…
2Cases cited13 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Louisville, New Albany & Chicago Railway Co. v. LucasIndiana Supreme Court · 1889
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- State v. NieuhausSupreme Court of Missouri · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. RichardsonWashington Supreme Court · 1938
- Torreyson v. United Railways Co.Supreme Court of Missouri · 1912
- State v. MooradianWashington Supreme Court · 1924
- Mayor v. St. Louis Public Service Co.Supreme Court of Missouri · 1954
- Myers Ex Rel. Myers v. MooreMissouri Court of Appeals · 1949
5 more not listed; retrieve them via the Exa API.