Green ex rel. Green v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Robert M. Foster, Judge. (1) Deceased was guilty of contributory negligence as a matter of law in attempting to cross tbe Olive street tracks at a rate of speed which, rendered it impossible for him to avoid a collision with the car. There being no last chance doctrine in the case, the demurrer should have been given. Dey v. United Rys.
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Appeal from St. Louis City Circuit Court. — Eon. Robert M. Foster, Judge. (1) Deceased was guilty of contributory negligence as a matter of law in attempting to cross tbe Olive street tracks at a rate of speed which, rendered it impossible for him to avoid a collision with the car. There being no last chance doctrine in the case, the demurrer should have been given. Dey v. United Rys. Co., 120 S. W. 134; Roberts v. Railroad, 166 Mo. 370; Hudson v. Railroad, 101 Mo. 13; Ries v. Transit Co., 179 Mo. 1. (2) The fact that deceased was a fireman going to a fire did not relieve him of the duty the…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. Respondents’ counsel concede, and we are constrained by the decisions of our Supreme Court to hold, that the judgment must be reversed because the instructions for plaintiffs required the jury to find for the plaintiffs if they found that defendant’s negligent acts or omissions complained of “directly contributed to cause” the injuries of which plaintiff’s father died, instead of that such acts and omissions caused the injuries. "Where the pleadings and the evidence were substantially in the same state as in the case at bar like instructions have been…
2Cases cited20 opinions
- Farley v. . the Mayor, Etc.New York Court of Appeals · 1897
- Jennings v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1892
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Hof v. St. Louis Transit Co.Supreme Court of Missouri · 1908
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3Cited by6 opinions
- Frandeka v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
- Allman Ex Rel. Allman v. YoderSupreme Court of Missouri · 1959
- Alexander v. Kansas City Public Service Co.Missouri Court of Appeals · 1954
- Hogan v. FlemingMissouri Court of Appeals · 1924
- Small v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.