Kolb v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The plaintiff was guilty of contemporaneous, concurrent, contributory negligence, which under the law governing this class of cases, entitled the defendant to a verdict, and defendant’s peremptory instruction directing the jury to find a verdict for defendant, requested at the close of the whole of the evidence in the case, should have been given. 1 Thompson Neg. sec. 237; Beach Contrib. Neg.
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Appeal from Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The plaintiff was guilty of contemporaneous, concurrent, contributory negligence, which under the law governing this class of cases, entitled the defendant to a verdict, and defendant’s peremptory instruction directing the jury to find a verdict for defendant, requested at the close of the whole of the evidence in the case, should have been given. 1 Thompson Neg. sec. 237; Beach Contrib. Neg. (2 Ed.), secs. 56, 185; Murphy v. Railroad, 153 Mo. 252; Watson v. Railway, 133 Mo. 246; Conrad Grocer Co. v. Railroad, 89 Mo. App.…
1Opinion of the CourtBland, P. J.
(after stating the facts as above).— 1. Defendant offered a peremptory instruction to find for it. The refusal of the court to grant this instruction is assigned as error. Defendant insists that the evidence and physical facts show that had plaintiff looked west, before attempting to cross the track, he would have seen the car, and that his evidence that he did look and saw no car, should be rejected. It seems to us that there is a great deal of force in this contention. Every witness, both for plaintiff and defendant, who saw the car coming, testified to seeing it before and at the time…
2Cases cited5 opinions
- Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Gebhardt v. St. Louis Transit Co.Missouri Court of Appeals · 1902
- Hutchinson v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1901
- McAndrews v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1900
3Cited by14 opinions
- Indianapolis Traction & Terminal Co. v. KiddIndiana Supreme Court · 1906
- Indianapolis Street Railway Co. v. SchmidtIndiana Court of Appeals · 1904
- M & a Electric Power Cooperative v. TrueMissouri Court of Appeals · 1972
- Schmidt v. St. Louis Transit Co.Missouri Court of Appeals · 1909
- Kunz v. Oregon Railroad & N. Co.Oregon Supreme Court · 1907
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