Dey v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Matt. G. Reynolds, Judge. (1) The court erred in setting aside the nonsuit directed herein for the reason that plaintiff’s evidence shows that he knowingly undertook to drive across defendant tracks in front of an approaching car going at a rate of fifteen to twenty miles an hour, and that his injuries were the result of his own negligence.
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Appeal from St. Louis City Circuit Court. — Eon. Matt. G. Reynolds, Judge. (1) The court erred in setting aside the nonsuit directed herein for the reason that plaintiff’s evidence shows that he knowingly undertook to drive across defendant tracks in front of an approaching car going at a rate of fifteen to twenty miles an hour, and that his injuries were the result of his own negligence. Kin-len v. Railroad, 115 S. W. 523; Watson v. Railroad, 133 Mo. 250; Roenfelt v. Railroad, 180 Mo. 554; Cogan v. Railroad, 101 Mo. App. 189; Mockowik v. Railroad, 196 Mo. 571. (1) “A demurrer to the evidence…
1Opinion of the CourtNortoni, J.
This is a suit for damages alleged to have accrued to plaintiff on account of personal injuries, and otherwise, as the result of a collision between defendant’s street car and plaintiff’s carriage. At the conclusion of plaintiff’s case he suffered an involuntary nonsuit. On his motion, the nonsuit was afterwards set aside and the cause reinstated for trial. Prom this order the defendant prosecutes the appeal.
It appears plaintiff was the proprietor of a livery stable and had been engaged in driving carriages in the city of St. Louis for many years. At the time of his injury, he was driving…
2Cases cited17 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Washington Southern Railway Co. v. LaceySupreme Court of Virginia · 1897
12 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Banks v. Morris CompanySupreme Court of Missouri · 1924
- Robertson v. Monongahela Power & Railway Co.West Virginia Supreme Court · 1925
- Schulz v. SmercinaSupreme Court of Missouri · 1927
- Bode v. WellsSupreme Court of Missouri · 1929
- Connor v. Wabash RailroadMissouri Court of Appeals · 1910
15 more not listed; retrieve them via the Exa API.