Flach v. Ball
Missouri Court of Appeals
Appeal from the Circuit Court or St. Louis County.— Hon. G. A. Wurcleman, Judge. (1) The court erred in refusing defendant’s instruction in the nature of a demurrer to the evidence, for the reason that the plaintiff Marie Flach was herself guilty of contributory negligence • as a matter of law.
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Appeal from the Circuit Court or St. Louis County.— Hon. G. A. Wurcleman, Judge. (1) The court erred in refusing defendant’s instruction in the nature of a demurrer to the evidence, for the reason that the plaintiff Marie Flach was herself guilty of contributory negligence • as a matter of law. Keele v. Railroad, 258 Mo. 62; Lowry v. Smith, 199 S. W. 437; Ginter v. O’Donoghue, 179 S. W. 732. (2) The court erred in giving plaintiff’s instruction No. 1 authorizing a finding against the defendant. This instruction thus clearly assumes that the southbound street car was stopped when Mrs. Flach…
1Opinion of the Court
This suit was brought by the plaintiff to recover damages for personal injuries sustained by her, alleged to have been negligently caused by being struck by defendant's automobile, while she was walking across Hamilton avenue, in the city of St. Louis, near its intersection with the Hodiamont street car tracks.
The petition charged negligence in operating said automobile in violation of the ordinances of the city of St. Louis in this: (a) Operating said automobile at a rate of speed in excess of ten (10) miles per hour. (b) Failure to give any signal by bell, horn or otherwise, to warn persons…
2Cases cited20 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Robb v. Hackley & WeltonNew York Supreme Court · 1840
- State v. WatsonSupreme Court of Missouri · 1909
- Legere v. StateTennessee Supreme Court · 1903
- Sotebier v. St. Louis Transit Co.Supreme Court of Missouri · 1907
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Merrick v. Bridgeways, Inc.Supreme Court of Missouri · 1951
- State v. FlemingSupreme Court of Missouri · 1945
- Sweazey v. Valley Transport, Inc.Washington Supreme Court · 1940
- Pitcher v. SchochSupreme Court of Missouri · 1940
- Johnson v. CoxSupreme Court of Missouri · 1953
6 more not listed; retrieve them via the Exa API.