Story v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. Jas. B. Kinealy, Judge. The evidence for plaintiff establishes one of two propositions: Either, first, that the.plaintiff did not look or listen for the approaching car from the west; or, if he did look, that the west-bonnd car obstructed-his vision, and that he started across the track, without waiting a sufficient length of time to ascertain whether a car was coming on the other track or not.
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Appeal from St. Louis City Circuit Court. — Row. Jas. B. Kinealy, Judge. The evidence for plaintiff establishes one of two propositions: Either, first, that the.plaintiff did not look or listen for the approaching car from the west; or, if he did look, that the west-bonnd car obstructed-his vision, and that he started across the track, without waiting a sufficient length of time to ascertain whether a car was coming on the other track or not. In either of these contingencies, the demurrer to the evidence offered at the close of the plaintiff’s case and at the end of the whole ease, should…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Defendant assumes from the environment, plaintiff’s evidence shows surrounded him, that the west-bound car so obstructed his view that plaintiff could not see the east-bound car and it was his duty to have held his horses until the west-bound car had passed a sufficient distance west to enable him to see whether or not there was a car- approaching from the west. The assumption may be correct, though it is not supported by plaintiff’s evidence. He said the west-bound car was an open one and he could see through it, if so, then it was not such an obstruction as…
2Cases cited10 opinions
- City of Tarkio v. CookSupreme Court of Missouri · 1894
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Baird v. Citizens' Railway Co.Supreme Court of Missouri · 1898
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3Cited by2 opinions
- Graham v. Allen & Nelson Mill Co.Washington Supreme Court · 1914
- Pohlmann v. American Car & Foundry Co.Missouri Court of Appeals · 1907