Dahlstrom v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The insurmountable fact exists that respondent was struck by the car before he could traverse a space of five feet (the width of the track) at a brisk gait. To clear that distance required the taking of but two steps, as the step of the average man is from two and one-half to three feet.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The insurmountable fact exists that respondent was struck by the car before he could traverse a space of five feet (the width of the track) at a brisk gait. To clear that distance required the taking of but two steps, as the step of the average man is from two and one-half to three feet. This circumstance, therefore, fixes with unerring certainty the close proximity of the car to respondent when he stepped uj)on the track. The assertion by respondent’s counsel that his client was nearly over the track when struck is…
1Opinion of the CourtBrace, J.
This is an action for damages for personal injuries received by the plaintiff on Main street in the city of St. Louis by being struck and run over by the cars of the defendant on said street. The plaintiff obtained a verdict and judgment in the trial court for $10,000, and defendant appeals.
On a former appeal a judgment in favor of the plaintiff for $7,500 was reversed and remanded. 96 Mo. 99. The second trial resulting in the judgment from which this appeal is taken was, had upon an amended petition, presenting the case in a different shape from that in which it appeared here before. The…
2Cases cited11 opinions
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Eswin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Keim v. Union Railway & Transit Co.Supreme Court of Missouri · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Schell v. DuBoisOhio Supreme Court · 1916
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Miller v. WinnCourt of Appeals of Texas · 1930
9 more not listed; retrieve them via the Exa API.