Klein v. St. Louis Transit Co.

Citation93 S.W. 281,117 Mo. App. 691
PartiesKLEIN v. ST. LOUIS TRANSIT CO.
Decision Date27 March 1906
CourtCourt of Appeal of Missouri (US)

Appeal from St. Louis Circuit Court; Daniel G. Taylor, Judge.

Action by M. A. Klein against the St. Louis Transit Company. From a judgment in favor of plaintiff, defendant appeals. Reversed.

Suit was commenced before a justice of the peace, in the city of St. Louis, on the following statement: "The plaintiff states that defendant is a corporation duly organized under the laws of the state of Missouri, and that it was such at all the times hereinafter mentioned, and the plaintiff for his cause of action states that the defendant company does now and at all of the times mentioned in this petition did operate and run an electric street railway, in a direction running from north to the south being a double track for, going, and coming, towards the center of the city of St. Louis, Mo., and that these tracks thus running in a northwardly and southwardly direction are run on and over the street or avenue in the southern portion of the city of St. Louis, Mo., known as `California avenue,' and that said avenue and tracks run in a southwardly direction south of Russel avenue, and are intersected by Ann street and also by Accomac street a short distance south of said Russel avenue. Plaintiff further states that on Friday, May 23, 1902, he was the lawful owner of a trained hunting dog, called `Sport,' being an Irish setter, and which said dog was by plaintiff trained in the art of hunting and other sports, viz., as a family dog, being with great care and skilled training brought to a standard of human intelligence, and said dog being reasonably worth the sum of $300. That on the said date of May 23, 1902, while said dog was then and there sitting upon the track of the said defendant company pointing at certain birds being then and there situated on said track, being the eastern of the double tracks north of Accomac street and south of Ann street, and that while said dog was so seated pointing at certain birds, a car being and belonging to the defendant company being then and there in charge of and controlled by the motorman and conductor then and there in the employ of defendant and acting within the scope of their duty were running and operating said car at an unreasonable and excessive rate of speed on the eastern track of said double tracks in a northwardly direction, and while said employés were at about ____ o'clock of said May 23, 1902, coming toward said dog they were operating said car in such an unlawful and unskillful, careless and negligent [and wanton] manner as to pay no attention to the danger of said dog, but continued to and toward where the dog had been sitting and was now sitting, and carelessly and negligently [and wantonly] run said electric car into and over said dog, without effort to stop the same, instantly killing the same without using that effort to avoid said killing of said dog, or without using that care which said employés of defendant should have used to stop said car and avoid said killing. All to the damage of the plaintiff in the sum of $300...

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9 cases
  • Lloyd v. Alton Railroad Co.
    • United States
    • Missouri Supreme Court
    • 1 Noviembre 1943
    ...alert and watch out for own safety and are different from other animals and more like a human being in this respect. Klein v. Transit Co., 117 Mo. App. 691, 93 S.W. 281; Flowerree v. Thornberry, 183 S.W. 359; Fowles v. Railroad Co., 73 S.C. 308, 53 S.E. 534; Owen v. Southern Ry., 133 So. 33......
  • Lloyd v. Alton R. Co.
    • United States
    • Missouri Supreme Court
    • 1 Noviembre 1943
    ... ... McCoy v ... Home Oil & Gas Co., 60 S.W.2d 715; Behen v. Transit ... Co., 186 Mo. 430, 85 S.W. 346; Haddow v. Public ... Serv. Co., 38 S.W.2d 284; Madden v ... like a human being in this respect. Klein v. Transit ... Co., 117 Mo.App. 691, 93 S.W. 281; Flowerree v ... Thornberry, 183 S.W. 359; ... following cases: Flowerree v. Thornberry, 183 S.W ... 359; Klein v. St. Louis Transit Co., 117 Mo.App ... 691, 93 S.W. 281; Fowles v. Railroad Co., 73 S.C ... 308, 53 ... ...
  • Lloyd v. Alton R. Co.
    • United States
    • Missouri Supreme Court
    • 12 Diciembre 1941
    ... ... 293; West Chi., etc., R. Co. v ... Klecka, 94 Ill.App. 346; Citizens Rapid Transit Co ... v. Dew, 100 Tenn. 317, 45 S.W. 790. (b) The question of ... negligence was for the jury, ... 467, 108 ... S.W.2d 1; Oliver v. Morgan, 73 S.W.2d 993; ... Pepperkorn v. St. Louis Transfer R. Co., 171 Mo.App ... 709, 154 S.W. 836; State ex rel. Berberich v. Haid, ... 333 ... along on the ground on a public highway and headed for the ... track); Klein v. St. Louis Transit Co., 117 Mo.App ... 691, 93 S.W. 281, 283 (where court said that there was ... ...
  • Lloyd v. Alton Railroad Co.
    • United States
    • Missouri Supreme Court
    • 12 Diciembre 1941
    ...danger where the dog was nosing or sniffing along on the ground on a public highway and headed for the track); Klein v. St. Louis Transit Co., 117 Mo. App. 691, 93 S.W. 281, 283 (where court said that there was no reason to apprehend danger to a dog on the track, or duty to stop the car "un......
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