Noll v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — -How. Selden P. Spencer, Judge. (1) The instruction offered at the close of the plaintiff’s case in chief, and at the close of all the evidence in the ease, should have been given. The plaintiff drove several blocks in the track, well-knowing the likelihood of a car coming up behind him in the dark, and never looked back to ascertain whether a car was approaching or not.
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Appeal from St. Louis City Circuit Court. — -How. Selden P. Spencer, Judge. (1) The instruction offered at the close of the plaintiff’s case in chief, and at the close of all the evidence in the ease, should have been given. The plaintiff drove several blocks in the track, well-knowing the likelihood of a car coming up behind him in the dark, and never looked back to ascertain whether a car was approaching or not. The car had a headlight upon the same, and was lighted upon the inside. This must be such negligence upon the part, of the plaintiff as contributed to his injury. Holwerson v.…
1Opinion of the CourtGoode, J.
"While plaintiff was driving eastwaxdly on Arsenal street in the city of St. Louis, in a one-horse covered wagon, used for delivery purposes, a car in charge of defendant’s servants ran into the wagon from the rear, smashed it, injured plaintiff’s horse, harness, his clothes and himself. This action was brought to recover damages for the injuries.
The acts of negligence charged are that the motorman did not warn plaintiff of the approach of the car by sounding the gong, failed to keep a vigilant lookout for vehicles and persons on the track and ran the car too rapidly. The vigilant-watch…
2Cases cited4 opinions
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
- Gebhardt v. St. Louis Transit Co.Missouri Court of Appeals · 1902
- J. F. Conrad Grocer Co. v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1901
- Price v. BarnardMissouri Court of Appeals · 1897
3Cited by8 opinions
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
- Acton v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1910
- McKinstry v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Shanks v. Springfield Traction Co.Missouri Court of Appeals · 1903
- Jersey Farm Dairy Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1903
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