Davies v. People's Railway Co.
Supreme Court of Missouri
Transferred from. St. Louis O'ourt of Appeals. (1) Plaintiff was guilty of contributory negligence which bars his recovery, and the court should have instructed the jury at the close of the case that he was not entitled to. recover. Culbertson v. Railroad, 36 S. W. 834; Jones v. Barmead, 63 Mo.
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Transferred from. St. Louis O'ourt of Appeals. (1) Plaintiff was guilty of contributory negligence which bars his recovery, and the court should have instructed the jury at the close of the case that he was not entitled to. recover. Culbertson v. Railroad, 36 S. W. 834; Jones v. Barmead, 63 Mo. App. 501; Vogg v. Railroad, 36 S. W. 646; Henry v. Railroad, 76 Mo. 293; Lane v. Railroad, 33 S. W.- 651; Johnston v. Stewart, 34 S. W. 889; Schoenholtz v. Railroad, 37 N. Y. Sup. 682. (2) The court by its action on the instructions, indicated to the jury that contributory negligence of plaintiff had…
1Opinion of the CourtRobinson, J.
This case has been certified here by the St. Louis Oourt of Appeals', after an opinion written in the cause by that court, for the reason, as- expressed therein, that one of the judges thereof is of opinion that its decision is opposed to the decision of this court in the case of Maxey v. Railroad, 113 Mo. 1, and Vogg v. Railroad, 138 Mo. 172.
The following is- the statement of the case by that court, and the recitation of the facts shown on part of the plaintiff:
“The defendant owns and operates a double track cable street railway on Fourth street in the city of St. Louis. The plaintiff at the…
2Cases cited2 opinions
- Maxey v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Vogg v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
3Cited by30 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Dempsey v. HortonSupreme Court of Missouri · 1935
- Clancy v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Lynch v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
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