Riska v. Union Depot Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court . — Hon. Jacob Klein, Judge. (1) The demurrer to the evidence should have been sustained. The evidence for plaintiff disclosed that the car could have been seen by the deceased at least a block away, if he had looked. It could have been heard'if he had listened.
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Appeal from St. Louis City Circuit Court . — Hon. Jacob Klein, Judge. (1) The demurrer to the evidence should have been sustained. The evidence for plaintiff disclosed that the car could have been seen by the deceased at least a block away, if he had looked. It could have been heard'if he had listened. He neither looked nor listened, but on a dark, rainy night,, with an umbrella over his head, walked upon the track, only six feet in front of a moving car, without looking, to see whether the car was approaching or not, or giving any heed to his surroundings. This was such contributory…
1Opinion of the CourtBurgess, J.
On February 3, 1903, an opinion was handed down in this case affirming the judgment of the court below. Thereafter, in due time, defendant filed motion for rehearing, which was sustained, and the case again fully argued by counsel in the case. We have again gone carefully over the record and considered with much care all the questions raised upon this appeal, including the points urged upon our attention by defendant in the motion for rehearing.
This is an action by plaintiff, the widow of Mathias Riska, deceased, to recover from defendant five thous- and dollars damages for the negligent…
2Cases cited15 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Wells Fargo & Co. v. BenjaminCourt of Appeals of Texas · 1914
- Rodan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
34 more not listed; retrieve them via the Exa API.