Spiro v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». D. D. Fisher, Judge. (1) Such testimony as that given by the plaintiff’s driver, in face of the evidence and the physical facts of the case, has no probative force, and does not raise a question of fact to be submitted to a jury.
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Appeal from St. Louis City Circuit Court. — No». D. D. Fisher, Judge. (1) Such testimony as that given by the plaintiff’s driver, in face of the evidence and the physical facts of the case, has no probative force, and does not raise a question of fact to be submitted to a jury. “It will be disregarded as testimony by the court. ’ ’ Hook v. Railroad, 162 Mo. 581; Kelsey v. Railroad, 129 Mo. 362; Hayden v. Railroad, 124 Mo. 573; Payne v. Railroad, 136 Mo. 575; Baker v. Railroad, 122 Mo. 589; Gurley v. Railroad, 104 Mo. 211; Hickman v. Railroad, 47 Mo. App. 65; Weaver v. Railroad, 60 Mo. App.…
1Opinion of the CourtGoode, J.
(after stating the facts as above).— If we accept as true the testimony given for the defendant, no case was established by the plaintiff. The only *261tendency of that testimony was to prove the horse and wagon were driven from the south track across the north one so close to the approaching car as to render a collision unavoidable by any exertion the motorman could make. It is true the jury might have believed the wagon was crossing, instead of running along, the north track when the car struck it and have believed, too, that it was far enough ahead of the car when the danger of a collision…
2Cases cited16 opinions
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Stepp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Hook v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Baker v. StonebrakerSupreme Court of Missouri · 1865
11 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- General Motors Corp. v. JacksonMississippi Supreme Court · 1994
- Clark v. Atchison & Eastern Bridge Co.Supreme Court of Missouri · 1933
- Teche Lines, Inc. v. BoundsMississippi Supreme Court · 1938
- Dodds v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1920
- Elsworth v. GlindmeyerMississippi Supreme Court · 1970
25 more not listed; retrieve them via the Exa API.