Pim v. St. Louis Transit Co.
Decision Date | 13 December 1904 |
Citation | 108 Mo. App. 713,84 S.W. 155 |
Court | Missouri Court of Appeals |
Parties | PIM v. ST. LOUIS TRANSIT CO.<SMALL><SUP>*</SUP></SMALL> |
Appeal from St. Louis Circuit Court; Jas. R. Kinealy, Judge.
Action for personal injuries by Oscar J. Pim against the St. Louis Transit Company. From an order granting a new trial after judgment for defendant, defendant appeals. Affirmed.
Boyle, Priest & Lehman, for appellant. Scullin & Chopin, for respondent.
Plaintiff boarded an Olive street car in the western part of the city of St. Louis, to be carried to the intersection of Ninth and Olive streets, where he intended to get off. The car was crowded, and he stood in the aisle until Tenth street was passed, when he stepped out on the front platform, preparatory to alighting when the car should reach the Ninth street crossing. He testified that when he stepped out on the front platform there were three or four men standing there, one in front of him and between him and the brake. To avoid knocking or pushing this man against the brake, plaintiff reached out his full length and got hold of the hand rail, which the evidence shows projected 2½ inches beyond the body of the car. While plaintiff was in this position the car collided with or rubbed against a wagon loaded with cement and lime, and the wagon or the lumps of lime on the wagon came in contact with plaintiff's hand, badly injuring it. Plaintiff did not see the wagon until after he was injured and had alighted from the car, for the reason his view from the front was obstructed by people standing on the platform. On the part of the defendant the evidence...
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