O'Keefe v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The appellant should not he heard to say that the evidence does not disclose that it was the owner and operator of the car which injured plaintiff, (a) In a case like this inferential proof of ownership of the tracks, however slight, is all that is required. Kerr v. Railroad, 113 Mo. App. 1; Geiser v. Railroad, 61 Mo. App. 462; Welsh v. Railroad, 102 Mo. 582; Johnson v. Railroad, 104 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The appellant should not he heard to say that the evidence does not disclose that it was the owner and operator of the car which injured plaintiff, (a) In a case like this inferential proof of ownership of the tracks, however slight, is all that is required. Kerr v. Railroad, 113 Mo. App. 1; Geiser v. Railroad, 61 Mo. App. 462; Welsh v. Railroad, 102 Mo. 582; Johnson v. Railroad, 104 Mo. App. 588. (b) No such assignment of error was at any time called to the attention of the trial court, either during the hearing, or…
1Opinion of the CourtNoetoni, J.
Tbe suit is for personal injuries received by tbe plaintiff, a United States mail-carrier, while he lay in an unconscious condition upon the defendant’s street car tracks. Plaintiff was not rendered unconscious by contact with the car, but was stricken with disease probably, while in the act of walking on the street, instantly became unconscious, and fell across the defendant’s track, where he lay helpless, when he was run upon and seriously and permanently injured soon thereafter by defendant’s car. The suit is predicated and prosecuted upon the theory that defendant failed to exercise…
2Cases cited35 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Bailey v. Kansas CitySupreme Court of Missouri · 1905
- Reynolds v. St. Louis Transit Co.Supreme Court of Missouri · 1905
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3Cited by18 opinions
- Garard v. Manufacturers' Coal & Coke Co.Supreme Court of Missouri · 1907
- Drake Ex Rel. Imes v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Butcher v. ButcherMissouri Court of Appeals · 1976
- Beckwith v. City of MaldenMissouri Court of Appeals · 1923
- Dallas Ry. Co. v. WarlickCourt of Appeals of Texas · 1924
13 more not listed; retrieve them via the Exa API.