McGauley v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. O’Neill Ryan, Judge. (1) There was no evidence of negligence upon the part of defendant’s employees. There was no reliable evidence that the rate of speed was excessive. Guyer v. Railroad, 73 S. W. 584. The motorman could not see the pole extending behind-the wagon. No causal relation is shown between the alleged defect in the brake and the injury.
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Appeal from St. Louis City Circuit Court. — Eon. O’Neill Ryan, Judge. (1) There was no evidence of negligence upon the part of defendant’s employees. There was no reliable evidence that the rate of speed was excessive. Guyer v. Railroad, 73 S. W. 584. The motorman could not see the pole extending behind-the wagon. No causal relation is shown between the alleged defect in the brake and the injury. Going down the grade the car could not have been stopped with any kind of brake, after the plaintiff came into the view of the motorman. (2) Plaintiff was guilty of such contributory negligence as…
1Opinion of the CourtValliant, J.
— A wagon, being driven by plaintiff in the track of defendant’s street railroad, was struck and turned over by a street car, the plaintiff was thrown out and injured, and brings this suit for dam*587ages. The trial resulted in a verdict for the defendant, the court sustained the plaintiff’s motion for a new trial and the defendant appeals.
The petition states that the plaintiff was driving south in the railroad track after dark when a car of defendant going in the same direction struck the rear end of the coupling pole of the wagon, turned the wagon ■over and threw the plaintiff out, in…
2Cases cited3 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
3Cited by15 opinions
- Theobald v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
- Zander v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- McCormick v. Ottumwa Railway & Light Co.Supreme Court of Iowa · 1910
- Hesemann v. May Department Stores Co.Missouri Court of Appeals · 1931
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