Legal Opinion

Aldrich v. St. Louis Transit Co.

Missouri Court of Appeals

Decided April 14, 1903PublishedCited by 6 opinions

Appeal from St. Charles Circuit Court.— Hon. Elliott M. Hughes, Judge. STATEMENT. One of the defendant’s street cars ran against the ..plaintiff, May 13,1901, at the intersection of Fourteenth street and St. Lonis avenne in the city of St. Louis and injured her severely.

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Appeal from St. Charles Circuit Court.— Hon. Elliott M. Hughes, Judge. STATEMENT. One of the defendant’s street cars ran against the ..plaintiff, May 13,1901, at the intersection of Fourteenth street and St. Lonis avenne in the city of St. Louis and injured her severely. That accident gave rise to this litigation, the plaintiff charging in her petition that it was caused by the negligence of the defendant’s carmen or servants in failing to use proper efforts to stop the car after they saw the plaintiff’s position of peril on defendant’s track; or to use ordinary care to discover her peril.…

1Opinion of the CourtGoode, J.

The legal propositions contained in the instructions given by the trial court do not receive our entire approval; but we have not set out and shall not discuss the instructions because we think no case was made for the jury to determine.

We have given a full summary of the evidence in order to make a complete presentation of the plaintiff’s conduct in connection with the accident in which she was injured. It is argued by the defendant’s counsel that she was run over because of her own carelessness and ought to be nonsuited; and the due consideration of this contention requires that her actions…

2Cases cited16 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
  3. Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
  4. Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
  5. Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881

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3Cited by6 opinions

  1. Murray v. St. Louis Transit Co.Missouri Court of Appeals · 1904
  2. Bennett v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
  3. Rissler v. St. Louis Transit Co.Missouri Court of Appeals · 1905
  4. Kube v. St. Louis Transit Co.Missouri Court of Appeals · 1903
  5. Moritz v. St. Louis Transit Co.Missouri Court of Appeals · 1903

1 more not listed; retrieve them via the Exa API.

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