McDonald v. U.R. Co. of St. Louis
Missouri Court of Appeals
Appeal from, the Circuit Court of the City of St. Louis. —Hon. J. Hugo Grimm, Judge. (1) The court erred in refusing to give the jury the instruction to find for defendant, requested by defendant at the close of plaintiff’s case and at the close of the whole case, for the reason that plaintiff was not entitled to recover under any theory of negligence counted on in his petition, (a) Plaintiff was not entitled to recover under the Last Chance Doctrine.
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Appeal from, the Circuit Court of the City of St. Louis. —Hon. J. Hugo Grimm, Judge. (1) The court erred in refusing to give the jury the instruction to find for defendant, requested by defendant at the close of plaintiff’s case and at the close of the whole case, for the reason that plaintiff was not entitled to recover under any theory of negligence counted on in his petition, (a) Plaintiff was not entitled to recover under the Last Chance Doctrine. Burge v. Railroad, 244 Mo. 76; Quinley v. Springfield Traction Co., 165 S. W. 346; Fleming v. Railroad, 263 Mo. 180; Keele v. Railroad, 258 Mo.…
1Opinion of the Court
This is an action for damages alleged to have been sustained by plaintiff by being struck by one of defendant's street cars, between five and six p.m., on January 28, 1918. The car was being operated over defendant's tracks on Union avenue, in the city of St. Louis. Plaintiff recovered judgment for $3000, and defendant appeals.
There were four assignments of negligence set out in the petition:
First. Negligently running and operating the street car at a careless, negligent, and dangerous rate of speed.
Second. Negligent operation of the street car in excess of fifteen miles an hour, in violation…
2Cases cited5 opinions
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
- Lackey v. United Railways Co.Supreme Court of Missouri · 1921
- Wingfield v. Wabash RailroadSupreme Court of Missouri · 1914
- Smith v. Kansas City Railways Co.Missouri Court of Appeals · 1921
- Peterie v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
3Cited by5 opinions
- McGowan v. WellsSupreme Court of Missouri · 1930
- Biskup Ex Rel. Biskup v. HoffmanMissouri Court of Appeals · 1926
- Wilson v. WellsSupreme Court of Missouri · 1929
- Anderson v. WellsMissouri Court of Appeals · 1925
- Keeney v. WellsMissouri Court of Appeals · 1924