Hornstein v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eo#. O’Neill Ryan, Judge. The trial court erred in submitting the case to the jury. The demurrer to plaintiff’s evidence should have been sustained. Plaintiff’s conduct was so negligent as to bar his recovery. Myer v. Railrad, 6 Mo. App. 30; Hanselman v. Railroad, 88 Mo. App. 122; Dunn v. Railroad, 21 Mo.
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Appeal from St. Louis City Circuit Court. — Eo#. O’Neill Ryan, Judge. The trial court erred in submitting the case to the jury. The demurrer to plaintiff’s evidence should have been sustained. Plaintiff’s conduct was so negligent as to bar his recovery. Myer v. Railrad, 6 Mo. App. 30; Hanselman v. Railroad, 88 Mo. App. 122; Dunn v. Railroad, 21 Mo. App. 188. Certainly, where a man of mature years, in the possession of all his senses and faculties, suddenly emerges from behind a car, and crosses the space between the two tracks, and runs into or allows himself to be struck by the side or…
1Opinion of the CourtMarshall, J.
— This is an action for $10,000 damages for personal injuries received by the plaintiff, on the 6th of June, 1901, about half past six o’clock p. m., in consequence of a collision with the defendants’ street car, at the corner of Vandeventer avenue and Page avenue, in the city of St. Louis. There was a verdict and judgment for the plaintiff for $6,000, from which the defendants appealed.
*443THE ISSUES.
The petition alleges, that, at the time of the accident, the defendants ’ cars were provided with a bell or gong, “which it was customary and nsnal for said motorman to ring, for the purpose of…
2Cases cited24 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
- Paul v. United Railways Co.Missouri Court of Appeals · 1911
- Powers v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Harris v. Kansas City Public Service Co.Supreme Court of Kansas · 1931
- Eliot v. Kansas City, Ft. Scott & Memphis RailroadSupreme Court of Missouri · 1907
13 more not listed; retrieve them via the Exa API.