Houts v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) Defendant’s demurrer to the evidence should have been sustained for the reasons: (a) The negligence, as shown by the proof, was that of the motorman, a fellow-servant, and, that being true, the plaintiff cannot recover.
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Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) Defendant’s demurrer to the evidence should have been sustained for the reasons: (a) The negligence, as shown by the proof, was that of the motorman, a fellow-servant, and, that being true, the plaintiff cannot recover. Godfrey v„ Transit Co., 81 S. W. 1230; Sams v. Railroad, 174 Mo. 53, 73 S. W. 686; Same case, 61 L. R. A. 475; Stock v. Transit Co., 79 S. W. 1176. (b) The proof shows that the plaintiff had operated a car over the point of the accident on many occasions, and he will be charged with the knowledge of the…
1Opinion of the CourtBland, P. J.
— The material allegation of the petition on which the cause was tried is as follows:
“Plaintiff says that, on or about the twenty-sixth day of April, 1903, he was conductor on one of defendant’s west-bound cars of the Easton avenue line; and that at or near the intersection of Easton and Belt avenues, as said car was moving in a westwardly direction, through the negligent and wrongful acts of the defendant, struck and collided with an east-bound car of the defendant causing the injury hereinafter complained of.
‘ ‘ Por a more specific allegation of negligence plaintiff says that defendant…
2Cases cited8 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Mahaney v. St. Louis & Hannibal RailroadSupreme Court of Missouri · 1891
- Sams v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Hurst v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1901
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3Cited by3 opinions
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Overby v. Mears Mining Co.Missouri Court of Appeals · 1910
- Miller v. Townley Manufacturing Co.Missouri Court of Appeals · 1914