Legal Opinion

Schmidt v. St. Louis Transit Co.

Missouri Court of Appeals

Decided June 8, 1909PublishedCited by 17 opinions

Appeal from St. Louis City Circuit Court. — Hon. Dan’l D. Fisher, Judge. (1) The court erred in overruling defendant’s challenge of juror, Elsworth Lyons. Billineyer v. Transit Co., 108 M'o. App. 6; Theobald v. Transit Co., 191 Mo. 895. (2) The court erred in not sustaining defendant’s demurrer to the evidence, because there is no evidence tending to show negligent speed of the car, or, if the speed was negligent, that it was the proximate cause of the collision.

Read the full summary

Appeal from St. Louis City Circuit Court. — Hon. Dan’l D. Fisher, Judge. (1) The court erred in overruling defendant’s challenge of juror, Elsworth Lyons. Billineyer v. Transit Co., 108 M'o. App. 6; Theobald v. Transit Co., 191 Mo. 895. (2) The court erred in not sustaining defendant’s demurrer to the evidence, because there is no evidence tending to show negligent speed of the car, or, if the speed was negligent, that it was the proximate cause of the collision. Molyneaux v. Railroad, 81 Mo. App. 25; Bluedorn v. Railroad, 121 Mo. 258; Jackson v. Railroad, 157 Mo. 621. (3) Plaintiff’s first…

1Opinion of the CourtNortoni, J.

This is an action for damages alleged to have accrued to Joseph Schmidt, now deceased, for personal injuries inflicted upon him by defendant’s street car. Plaintiff recovered and the defendant prosecutes the appeal. After trial and judgment in the circuit court, Joseph Schmidt departed this life and the cause now stands revived in the name of Virginia Schmidt, his executrix. For convenience, we will refer to Joseph Schmidt, now deceased, as the plaintiff.

It appears the plaintiff was seated in a one-horse wagon and had been driving south on the defendant’s southbound track about sixty hundred…

2Cases cited21 opinions

  1. Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
  2. Bassett v. City of St. JosephSupreme Court of Missouri · 1873
  3. Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
  4. State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
  5. Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881

16 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Bauman v. ConradMissouri Court of Appeals · 1961
  2. Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
  3. Maginnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
  4. Byars v. Wabash RailroadMissouri Court of Appeals · 1911
  5. Green ex rel. Green v. United Railways Co.Missouri Court of Appeals · 1912

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API