Woodis v. United Railways Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Hon. J. Hugo Grimm, Judge. (1) When those operating a street car sees or by the exercise of ordinary care could see a person on the track in front of said ear, in a position of danger, it becomes the duty of the operator to stop the car and avoid striking such person, where the same can be done by the exercise of ordinary care with safety to the car and those on it, after the operator sees the person’s danger of being…
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Appeal from the Circuit Court of the City of St. Louis. — Hon. J. Hugo Grimm, Judge. (1) When those operating a street car sees or by the exercise of ordinary care could see a person on the track in front of said ear, in a position of danger, it becomes the duty of the operator to stop the car and avoid striking such person, where the same can be done by the exercise of ordinary care with safety to the car and those on it, after the operator sees the person’s danger of being hit. And a failure under such circumstances, to so stop the car, renders the owner liable for any injury done to such…
1Opinion of the Court
BECKER, J.,
This is an action to recover damages for personal injuries. At the close of plaintiff’s case the court, at the instance of the defendant, instructed the jury that under the law and the evidence plaintiff could not recover and their verdict must he for the defendant; whereupon plaintiff took an involuntary nonsuit with leave to set same aside. Plaintiff filed his motion to set aside the judgment of nonsuit and *351grant. a new trial, which was overruled by the court, and plaintiff brings this appeal.
' In the city of St. Louis, Missouri, Mississippi avenue runs north and south, and…
2Cases cited4 opinions
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Prewitt v. EddySupreme Court of Missouri · 1893
- Pope v. Wabash RailroadSupreme Court of Missouri · 1912
- Flynn v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
3Cited by5 opinions
- State Ex Rel. Sirkin & Needles Moving Co. v. HostetterSupreme Court of Missouri · 1936
- American Automobile Insurance v. United Railways Co. of St. LouisMissouri Court of Appeals · 1918
- Milward v. Wabash Railway Co.Missouri Court of Appeals · 1921
- Alexander v. Springfield Traction Co.Missouri Court of Appeals · 1923
- Sethman v. Union Depot Bridge & Terminal RailroadMissouri Court of Appeals · 1919