Powers v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. John A. Blevins, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. When the evidence conclusively shows that the negligence of the injured party alone caused the injury, or when the evidence fails to disclose any negligence on the part of defendant, a demurrer to the evidence should be sustained.
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Appeal from St. Louis City Circuit Court. — Row. John A. Blevins, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. When the evidence conclusively shows that the negligence of the injured party alone caused the injury, or when the evidence fails to disclose any negligence on the part of defendant, a demurrer to the evidence should be sustained. The failure to look and listen before stepping on railway tracks for the approach of a car, or stepping on railway tracks immediately in front of a moving car, is such negligence on the part of plaintiff as will bar a…
1Opinion of the CourtBurgess, J.
Plaintiff, the husband of Mrs. Maggie Powers, deceased, prosecutes this action under section 2864, Revised Statutes 1899, to recover five thousand dollars damages for the killing of his wife, by *272reason of the negligence of the defendant’s employees in charge of its ear, on the 27th day of November, 1900, at á point on South Seventh street south of Rutger street in the. city of St. Louis.
The petition alleges in substance that defendant, at the times alleged, was a corporation by virtue of the laws of Missouri, and used and operated the railway and car mentioned for the purpose of transporting…
2Cases cited25 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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3Cited by15 opinions
- Marden v. RadfordMissouri Court of Appeals · 1935
- Strauchon v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Donovan v. Connecticut Co.Supreme Court of Connecticut · 1912
- Gibler v. Terminal RailroadSupreme Court of Missouri · 1907
- Reeves v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1913
10 more not listed; retrieve them via the Exa API.