Legal Opinion

Taylor v. Scherpe & Koken Architectural Iron Co.

Supreme Court of Missouri

Decided March 10, 1896PublishedCited by 12 opinions

Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. . (1) The action being based on the charge that the plaintiff, Mary Taylor, was injured through negligent, careless, and reckless driving of defendant’s servant, and all of the evidence taken together having failed to establish that charge, but proving on the contrary that the defendant’s servant instead of driving the horse, was being run away with at the time, and was exercising every reasonable effort…

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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. . (1) The action being based on the charge that the plaintiff, Mary Taylor, was injured through negligent, careless, and reckless driving of defendant’s servant, and all of the evidence taken together having failed to establish that charge, but proving on the contrary that the defendant’s servant instead of driving the horse, was being run away with at the time, and was exercising every reasonable effort to avoid doing injury, the court should have sustained the demurrer to the evidence and should have directed a verdict…

1Opinion of the CourtRobinson, J.

This action by plaintiffs as husband and wife was instituted to recover damages for alleged injuries received by the wife on one of the public streets of the city of St. Louis, November 29, 1890, through the alleged careless driving of a servant of defendant.

The averments of the petition, so far as they relate to the negligence charged, are, “that while plaintiff Mary Taylor was passing along what is known as the sidewalk of a certain public street in the city of St. Louis, known as Chouteau avenue, and in the vicinity where the Missouri Pacific Railroad tracks cross said Chouteau avenue, the…

Also in this document: Concurrence.

2Cited by12 opinions

  1. Jones v. StateSupreme Court of Georgia · 1908
  2. Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
  3. Waples-Platter Grocer Co. v. Texas and Pacific Railway Co.Texas Supreme Court · 1902
  4. Gayle v. Missouri Car & Foundry Co.Supreme Court of Missouri · 1903
  5. Sotebier v. St. Louis Transit Co.Supreme Court of Missouri · 1907

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