Spencer v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The court should have given the peremptory instruction asked by defendant at the close of the whole case, because there was no evidence tending .to show that the car, while running at a speed it was shown to be running at the time of the accident, to-wit, fifteen miles per hour, could have been stopped or checked in time to have avoided the death of deceased after her danger was apparent — the…
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The court should have given the peremptory instruction asked by defendant at the close of the whole case, because there was no evidence tending .to show that the car, while running at a speed it was shown to be running at the time of the accident, to-wit, fifteen miles per hour, could have been stopped or checked in time to have avoided the death of deceased after her danger was apparent — the last-chance doctrine being’ the sole theory, under the pleadings and evidence, on which the case was submitted to the jury.…
1Opinion of the CourtGraves, J.
Plaintiffs, husband and wife, sne for the alleged negligent killing of their infant daughter, Olive L. Spencer, by defendant. Olive L. was five years of age, and met her death by being struck and dragged by one of defendant’s street cars near the junction of Sidney street, Gravois avenue and Jefferson avenue, in the city of St. Louis, on October 18, 1904. Jefferson avenue runs north and south; Sidney street runs east and west, and Gravois avenue crosses both Sidney street and Jefferson avenue in a diagonal course. On both Jefferson avenue and Gravois avenue defendant maintained…
2Cited by8 opinions
- O'Connor v. ThetfordCourt of Appeals of Texas · 1915
- State Ex Rel. Vogt v. ReynoldsSupreme Court of Missouri · 1922
- Blyston-Spencer v. United Railways Co.Missouri Court of Appeals · 1910
- Childress v. Southwest Missouri RailroadMissouri Court of Appeals · 1910
- Kirchof v. United Railways Co.Missouri Court of Appeals · 1911
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