Goodwin v. Wells, No. 19426.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtNipper
Citation285 S.W. 112
PartiesGOODWIN v. WELLS.
Decision Date01 June 1926
Docket NumberNo. 19426.
285 S.W. 112
GOODWIN
v.
WELLS.
No. 19426.
St. Louis Court of Appeals. Missouri.
June 1, 1926.
Rehearing Denied June 25, 1926.

Appeal from St. Louis Circuit Court, Franklin Miller, Judge.

Action by Jane Goodwin against Rolla Wells, receiver of the United Railways Company of St. Louis. Judgment for plaintiff, and defendant appeals. Affirmed.

Charles W. Bates, T. E. Francis, and Austin E. Park, all of St. Louis, for appellant.

Earl M. Pirkey, of St. Louis, for respondent.

NIPPER, J.


This is an action for damages for personal injuries alleged to have been sustained by plaintiff while attempting to alight from one of defendant's street ears. The injury occurred near the intersection of Compton and Franklin avenues in the city of St. Louis.

The ground of negligence counted on in the petition is:

"That on said day, after plaintiff had so taken passage, and while she was a passenger on said car, and said car was some distance west of said Compton avenue, and was approaching said Compton avenue, and said car was in motion, defendant negligently opened the rear door of said car, and negligently caused and permitted it to remain open until plaintiff was injured as hereinafter mentioned, and negligently caused and permitted a sudden check in the speed of said car while said rear door of said car was open, whereby plaintiff was caused to fall and be thrown from said car to the street," etc.

The answer was a general denial.

The defendant requested instructions in the nature of demurrers at the close of the plaintiff's case and at the close of the whole case. These were refused, and the case was given to the jury. The jury returned a verdict in favor of plaintiff and against defendant in the sum of $4,000, and defendant appeals.

The evidence offered on the part of the plaintiff shows that, on October 8, 1922, plaintiff was a passenger on defendant's east-bound car on Franklin avenue. The car was crowded with passengers. Plaintiff rang the bell before the car had reached the street intersection, and started crowding her way to the rear end of the car to get off. When asked the question as to how she got hurt, she answered as follows:

"Well, I rang the bell to get off before I got to Compton, between Compton and Channing, and the street car was lined with people on the rear end, and I gets up to make it to the door, and the street car door was threw open, and the car was yet running, and all of a sudden it made a jerk, and gave me a jerk like that, and I could not catch, and I fell, and I fell on the right side, with the right foot bent back under me, and I found myself — there was two men and a woman trying to pull me up. They got me up and got me to the curbstone, and then the conductor saw me, and when the conductor saw me. * * *"

Two persons who were present helped her to her home, which was a short distance away. She was 45 years of age, and by occupation

285 S.W. 113

worked as a cook and maid. She said she was not able to...

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2 practice notes
  • Moses v. Independence, Mo. & K.C. Pub. Serv. Co., No. 20548.
    • United States
    • Court of Appeal of Missouri (US)
    • June 11, 1945
    ...Francisco Ry. Co., 340 Mo. 511, 102 S.W. (2d) 661, l.c. 665; Merritt v. Kansas City, 46 S.W. (2d) 275; Goodwin v. Wells, 220 Mo. App. 1, 285 S.W. 112, l.c. 113; Thomure v. St. Louis & S.F.R. Co., 191 Mo. App. 640, 177 S.W. 708, l.c. 712; Hurst v. Chicago, B. & Q.R. Co., 280 S.W. 566; 219 S.......
  • Stiickenmeyer v. Creane, No. 19605.
    • United States
    • Court of Appeal of Missouri (US)
    • January 11, 1927
    ...which are as nearly in point with respect to the nature of the injury as we have been able to find: Goodwin v. Wells (Mo. App.) 285 S. W. 112; Anderson v. St. Louis & S. F. R. Co. (Mo. App.) 184 S. W. 481; l'ishell v. American Press (Mo. App.) 253 S. W. 508; Burrow v. Mo. Pac. R. Co. (Mo. A......
2 cases
  • Moses v. Independence, Mo. & K.C. Pub. Serv. Co., No. 20548.
    • United States
    • Court of Appeal of Missouri (US)
    • June 11, 1945
    ...Francisco Ry. Co., 340 Mo. 511, 102 S.W. (2d) 661, l.c. 665; Merritt v. Kansas City, 46 S.W. (2d) 275; Goodwin v. Wells, 220 Mo. App. 1, 285 S.W. 112, l.c. 113; Thomure v. St. Louis & S.F.R. Co., 191 Mo. App. 640, 177 S.W. 708, l.c. 712; Hurst v. Chicago, B. & Q.R. Co., 280 S.W. 566; 219 S.......
  • Stiickenmeyer v. Creane, No. 19605.
    • United States
    • Court of Appeal of Missouri (US)
    • January 11, 1927
    ...which are as nearly in point with respect to the nature of the injury as we have been able to find: Goodwin v. Wells (Mo. App.) 285 S. W. 112; Anderson v. St. Louis & S. F. R. Co. (Mo. App.) 184 S. W. 481; l'ishell v. American Press (Mo. App.) 253 S. W. 508; Burrow v. Mo. Pac. R. Co. (Mo. A......

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