Stack v. General Baking Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Charles B. Davis, Judge. (1) The court erred in overruling the demurrers to the evidence offered at the close of plaintiff’s case and again at the close of all the evidence in the case: (a) The physical facts, as testified to by plaintiff and his own witnesses, and as admitted by counsel for plaintiff, show that the accident could not have happened as claimed by plaintiff.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Charles B. Davis, Judge. (1) The court erred in overruling the demurrers to the evidence offered at the close of plaintiff’s case and again at the close of all the evidence in the case: (a) The physical facts, as testified to by plaintiff and his own witnesses, and as admitted by counsel for plaintiff, show that the accident could not have happened as claimed by plaintiff. Where testimony by a plaintiff or his witnesses is entirely contrary to the physical facts and contrary to all human experience, such testimony should be disregarded and a…
1Opinion of the Court
The appeal is from a judgment against both defendants in the sum of seventeen thousand dollars for personal injuries.
On the fifteenth day of May, 1915, between 3:30 and 4 o'clock a.m., plaintiff was driving his automobile north on Jefferson Avenue in the City of St. Louis when he collided with a wagon belonging to the Baking Company, driven by Keller, and was severely injured. The suit was to recover damages for the injuries thus sustained.
The negligence alleged as ground for recovery was a violation by the driver, Keller, of Ordinance No. 1327 of the City of St. Louis, regulating traffic…
2Cases cited29 opinions
- Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
- State ex rel. Detroit Fire & Marine Insurance v. EllisonSupreme Court of Missouri · 1916
- United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1910
- Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
24 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Lewis Ex Rel. Piening v. ZagataSupreme Court of Missouri · 1942
- Rogers v. ThompsonSupreme Court of Missouri · 1954
- Romandel v. Kansas City Public Service Co.Supreme Court of Missouri · 1953
- Packard v. O'NeilIdaho Supreme Court · 1927
- State Ex Rel. Alton Railroad Co. v. ShainSupreme Court of Missouri · 1940
43 more not listed; retrieve them via the Exa API.