Eikenberry v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. Warwick Hough, Judge. STATEMENT. Garrison avenue, in the city of St. Louis, runs north and south. Dickson street runs east and west and crosses Garrison avenue. There is a street railway in both streets and a curve in their intersection on which cars travelling south on Garrison avenue may turn east into Dickson street.
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Appeal from St. Louis City Circuit Court. — Row. Warwick Hough, Judge. STATEMENT. Garrison avenue, in the city of St. Louis, runs north and south. Dickson street runs east and west and crosses Garrison avenue. There is a street railway in both streets and a curve in their intersection on which cars travelling south on Garrison avenue may turn east into Dickson street. The curve begins at the northern intersection of the two streets and ends about where the east line of Garrison avenue would be, if continued across Dickson street. There is a crossing from Dickson street near this line and…
1Opinion of the CourtBland, P. J.
(after stating the facts as above.) — 1. The instructions given for the plaintiff find support in the evidence offered by him and as applied to that evidence correctly enunciate the law and are not open to the criticism made by defendant’s counsel in their brief and are not opposed to any of the decisions cited in support of the criticisms. These decisions were rendered on a state of facts materially different from those shown by the plaintiff’s evidence.
2. Instruction No. 8, asked by defendant, was a correct exposition of the law and should have been given without modification, but we can…
2Cases cited17 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Cicero & Proviso Street Railway Co. v. MeixnerIllinois Supreme Court · 1896
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bond v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1904
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
- Green v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Kern v. U. Rys. Co. of St. LouisMissouri Court of Appeals · 1924
- Spencer v. St. Louis Transit Co.Missouri Court of Appeals · 1905
6 more not listed; retrieve them via the Exa API.