Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 169
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... conclusion of negligence as a matter of law. Furthermore, by interlineation, the court modified one of defendant's instructions and inserted the same proposition therein. To my mind it is entirely clear that plaintifi's sixth instruction and the modification of defendant's instruction misstated the rule with respect to the degree of care that plaintiff is required to exercise for his own safety. The instruction under review, according to my judgment, infringed the rule declared by the Supreme Court in Bradley v. Chicago, M. & St. P. Ry. Co., 138 Mo. 293, 39 S. W. 763. I deem the judgment of the court on this question to be in conflict with that of the Supreme Court in the case of Bradley v. Chicago, M. & St. P. Ry. Co., 138 Mo. 293, 39 S. W. 763 and, for that reason, request that the cause be certified to the Supreme Court for final determination. ' St. Louis Court of Appeals. Submitted on Rehearing December 14, 1. 2. 3. 4. 1912. Opinion Filed January 4, 1913. NEGLIGENCE: Pleading: Specific Negligence: Variance. Where the petition in a negligence case charges negligence specifically, such-negligence must be proved, since a party cannot sue on one cause of action and recover on another. CARRIERS OF PASSENGERS: Street Railways: Injury to Passenger: Premature Start of Car: Sufficiency of Evidence. In an action against a street railway company for injuries sustained by a passenger, the petition alleged that, after the speed of the car had been reduced to a very low rate, defendant's employees, without bringing it to a stop, so as to enable plaintiff to alight from it, negligently, suddenly and violently started it forward at an increased speed, thereby causing her to be jerked, jarred and thrown from the...
- Paperback | 274 pages
- 189 x 246 x 15mm | 494g
- 13 Sep 2013
- Illustrations, black and white