Parks v. St. Louis & Suburban Railway Co.
Supreme Court of Missouri
(1) The court erred in refusing to give, at the request of defendants, instructions in the nature of demurrers to the evidence: (a) Because the evidence showed that plaintiff himself was guilty of negligence that directly contributed to cause his injuries. (b) Because the evidence showed that plaintiff deliberately assumed a position which was dangerous, and the dangers of which were known to him. He, therefore, assumed the risk of riding where he did.
Read the full summary
(1) The court erred in refusing to give, at the request of defendants, instructions in the nature of demurrers to the evidence: (a) Because the evidence showed that plaintiff himself was guilty of negligence that directly contributed to cause his injuries. (b) Because the evidence showed that plaintiff deliberately assumed a position which was dangerous, and the dangers of which were known to him. He, therefore, assumed the risk of riding where he did. (2) The court erred in giving instruction 3 at the request of plaintiff. Said instruction was erroneous because it assumed the existence of…
1Opinion of the CourtValliant, J.
Defendants, two street railway companies, appeal from a judgment for $5,000 recovered against them in the circuit court of St.Louis county by the plaintiff on account of personal injuries alleged to have been received by him through their negligence.
There is not much dispute as to the governing facts of the case. In June, 1900, there was a strike among the employees of all the other street railroad companies in the city of St. Louis, and the only street cars running were those operated by the defendant companies. The consequence was, the cars of these two companies were crowded with…
2Cases cited6 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Willmott v. Corrigan Consolidated Street Railway Co.Supreme Court of Missouri · 1891
- Huelsenkamp v. Citizens' Railway Co.Supreme Court of Missouri · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Dakan v. G. W. Chase, & Son Mercantile Co.Supreme Court of Missouri · 1906
- Scory v. LaFaveWisconsin Supreme Court · 1934
- Stafford v. AdamsMissouri Court of Appeals · 1905
- Cole v. St. Louis Transit Co.Supreme Court of Missouri · 1904
10 more not listed; retrieve them via the Exa API.