Freymark v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City. Circuit Court. — Hon. O’Neill Ryan, Judge. (1) The demurrers to the plaintiff’s evidence and to all the evidence should have been sustained because-it is shown conclusively that plaintiff could have seen and heard the approach of the car, had he looked and listened, and, by the exercise of ordinary care, could have avoided the collision. He was guilty of such negligence as bars his recovery.
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Appeal from St. Louis City. Circuit Court. — Hon. O’Neill Ryan, Judge. (1) The demurrers to the plaintiff’s evidence and to all the evidence should have been sustained because-it is shown conclusively that plaintiff could have seen and heard the approach of the car, had he looked and listened, and, by the exercise of ordinary care, could have avoided the collision. He was guilty of such negligence as bars his recovery. Moore v. Railway, 176 Mo. 528, 75 S. W. 672; Petty v. Railroad, 179 Mo. 667, 78 S. W. 1003; Guyer v. Railway, 174 Mo. 344, 73 S. W. 584; Barrie v. Transit Co., 102 Mo. App. 87,…
1Opinion of the CourtBland, P. J.
Plaintiff herein recovered judgment for $500 in an action for personal injuries sustained by him and for damages to his wagon from a collision with one of defendant’s cars; after prefatory allegations, the cause of action was thus set forth:
“That the plaintiff on the third day of December, 1902, was the owner of the laundry wagon, horse and harness mentioned herein; that on said day, at about 10:25 a. m., and while he was driving across defendant’s track near a place known as 3739 Finney avenue in the city of St. Louis in a northeastwardly direction, defendant’s agent in charge of defendant’s…
2Cases cited5 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Schafstette v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Moritz v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Linder v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Jersey Farm Dairy Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1903