McCreery v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. C. Or rick Bishop, Judge. (1) Before a court is authorized to sustain a demurrer to the evidence because of its insufficiency, it must appear that, admitting all the evidence introduced by plaintiff to be absolutely true and giving' him the benefit of every reasonable inference to be deduced therefrom, he is not entitled to recover; and in applying this rule to the facts proven by plaintiff, it must be remembered that…
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Appeal from St. Louis City Circuit Court. — lion. C. Or rick Bishop, Judge. (1) Before a court is authorized to sustain a demurrer to the evidence because of its insufficiency, it must appear that, admitting all the evidence introduced by plaintiff to be absolutely true and giving' him the benefit of every reasonable inference to be deduced therefrom, he is not entitled to recover; and in applying this rule to the facts proven by plaintiff, it must be remembered that negligence is not a fact which is subject to direct proof but an inference from facts put in evidence. Baird v. Railroad, 146…
1Opinion of the CourtValliant, J.
Plaintiff riding in his automobile, going north on Twenty-third street crossing Olive street, was injured in a collision between his automobile and a street car of defendant; he sues for $6,000 damages, alleging that the accident occurred through the negligence of the defendant. The petition is in two counts, the first, based on common law negligence, alleging that the car was being run “at a great and dangerous rate of speed” and no gong or other warning of its approach, the second, based on the Vigilant Watch Ordinance and an ordinance limiting the speed of street cars at that point to ten…
2Cited by10 opinions
- Dickerson v. Terminal Railroad Ass'n of St. LouisSupreme Court of Missouri · 1955
- Hoelker v. American PressSupreme Court of Missouri · 1927
- Knorp v. ThompsonSupreme Court of Missouri · 1948
- Underwood v. St. Louis Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1914
- Jackson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
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