Petersen v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from Cole Circuit Court. — So». Jas. E. Hasell, Judge. (1) The court should have given the instructions in the nature of a demurrer to the testimony and directed a verdict at the close of the plaintiff’s case.
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Appeal from Cole Circuit Court. — So». Jas. E. Hasell, Judge. (1) The court should have given the instructions in the nature of a demurrer to the testimony and directed a verdict at the close of the plaintiff’s case. Kreis v. Railroad, 148 Mo. 321; Roenfeldt v. Railroad, 180 Mo. 554; Payne v. Railroad, 136 Mo. 534; Ross'v. Railroad, 88 S. W. 144. (2) The court should have directed a verdict at the close of the entire case and given the instruction asked by the defendant at that time, in' the nature of a demurrer to the testimony. Roenfeldt v. Railroad, 180 Mo. 554; Kreis v. Railroad, 148 Mo.…
1Opinion of the CourtBrace, P. J.
This is an action for damages for personal injuries, in which the plaintiff obtained judgment below for $5,000, and the defendant appeals.
About 11 o ’clock on the morning of the 29th of December, 1901, the plaintiff, then a minor, aged about sixteen years, was in a close covered storm buggy, drawn by one horse, driven by his uncle Ole Petersen, going in an easterly direction on Clark avenue between 21st and 22nd streets, in the city of St. Louis, when the buggy was run into and struck from behind by one of defendant’s cars, going in the same direction, causing the horse to run away and throw…
2Cases cited3 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Rapp v. St. Louis Transit Co.Supreme Court of Missouri · 1905
3Cited by12 opinions
- Carson v. EvansSupreme Court of Missouri · 1943
- Brown v. Alton R.R. Co. and SlatterMissouri Court of Appeals · 1941
- Moon v. St. Louis Transit Co.Supreme Court of Missouri · 1911
- Thompson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
- Felver v. Central Electric Railway Co.Supreme Court of Missouri · 1909
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