Gettys v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. Warwick Ilough, Judge. . (1) A plaintiff or defendant who testifies as a witness in his own behalf is conclusively bound by his deliberate admissions from the witness stand. In determining their effect, the strongest admission will be taken as true.
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Appeal from St. Louis City Circuit Court. — Row. Warwick Ilough, Judge. . (1) A plaintiff or defendant who testifies as a witness in his own behalf is conclusively bound by his deliberate admissions from the witness stand. In determining their effect, the strongest admission will be taken as true. Cogan v. Railway, 73 S. W. 738; Shirts v. Overjohn, 60 Mo. 305. Here plaintiff testifies that she stopped her horse and buggy upon defendant’s track in front of and about thirty-five feet from an approaching car, and remained there passively facing the car until the collision occurred, without…
1Opinion of the CourtGoode, J.
— This plaintiff should have been non-suited as requested by the defendant, for the reason that all the evidence shows she was injured because of her own carelessness. One of the defendant’s street cars ran into a buggy in which she was seated on September 23, 1902. The accident occurred in the daytime on Olive street between Sarah and Whittier streets in the city of St. Louis. The allegations of negligence, as stated by plaintiff’s counsel in his brief, are these:
*567“First. Common law negligence in running the car without using any care to watch for vehicles on defendant’s tracks, and without…
2Cases cited2 opinions
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Zumault v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1903
3Cited by6 opinions
- Schroeder v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Hawkins v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909
- Walker v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1904
- Sherman v. United Railways Co.Missouri Court of Appeals · 1919
- Foland v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1906
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