Shamp v. Lambert
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence for the following reasons: (a) Because plaintiff’s own evidence showed that her own negligence directly contributed with the negligence of the defendant’s chauffeur in causing her to be injured, (b) Because there was no evidence, offered which showed that the chauffeur was acting in the line of his duty as the servant of the…
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Appeal from St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence for the following reasons: (a) Because plaintiff’s own evidence showed that her own negligence directly contributed with the negligence of the defendant’s chauffeur in causing her to be injured, (b) Because there was no evidence, offered which showed that the chauffeur was acting in the line of his duty as the servant of the defendant. (-2) The court erred in overruling the defendant’s application for a medical examination of the plaintiff. The…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff through personal injuries occasioned by the negligence of the defendant. Plaintiff recovered and defendant appeals. It appears plaintiff was injured while standing in the street in order to board a street car, by the defendant’s servant negligently backing his *571automobile against and upon ber. Plaintiff had visited Union Station on business and walked therefrom to the north side of Market street adjacent to the pavement and at the usual stopping place for street cars, near the center of the station. Her purpose was to take the first westbound…
2Cases cited12 opinions
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Evansville & Terre Haute Railroad v. McKeeIndiana Supreme Court · 1885
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1888
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3Cited by25 opinions
- Bouillon v. Laclede Gas Light Co.Missouri Court of Appeals · 1910
- Penticost v. MasseySupreme Court of Alabama · 1917
- Ward v. Teller Reservoir & Irrigation Co.Supreme Court of Colorado · 1915
- Hays v. HoganMissouri Court of Appeals · 1914
- Glassman v. HarryMissouri Court of Appeals · 1914
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