Keitel v. St. Louis Cable & Western Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. James A. Seddon, Judge. The plaintiff must allege in his complaint that defendant had notice or knowledge of the efficient cause of the injury, or ought, by the exercise of reasonable diligence, to have known it. 2 Thompson on Neg., sec. 1050. The case should have been taken from the jury, because plaintiff’s own testimony and the testimony of his witnesses established the fact that his injuries were the direct result of his own…
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Appeal from the St. Louis Circuit Court, Hon. James A. Seddon, Judge. The plaintiff must allege in his complaint that defendant had notice or knowledge of the efficient cause of the injury, or ought, by the exercise of reasonable diligence, to have known it. 2 Thompson on Neg., sec. 1050. The case should have been taken from the jury, because plaintiff’s own testimony and the testimony of his witnesses established the fact that his injuries were the direct result of his own negligence. Shearman & Redfleld on Neg., sec. 37; Wilds a Railroad, 24 N. Y. 430;' MeNiel «. Wallace, 50 Dunn. 818;…
1Opinion of the CourtThompson, J.
This is an action for damages for negligence. The defendant is a corporation, maintaining a cable street *660railway in the city of St. Louis. The plaintiff was injured while riding in a buggy with another person, by reason of the wheel of the- buggy running into the “slot” of one of the defendant’s railway tracks, whereby he and his companion were thrown out of the buggy. The petition recites that the- defendant maintained two tracks on Wash street, where the accident happened; “that near the center of each of said tracks of defendant, there is an opening or slot, by which the grip used on…
2Cases cited6 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Milburn v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Fechley v. Springfield Traction Co.Missouri Court of Appeals · 1906
- Griveaud v. St. Louis Cable & Western Railway Co.Missouri Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.