Martin v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. G. A. Wurdeman, Judge. (1) Where the evidence introduced by plaintiff shows clearly that he was guilty of negligence which contributes to his injury, he cannot recover, and a demurrer to the evidence ought to be sustained. Hudson v. Railroad, 101 Mo. 13; Sherman v. Transit Co., 103 Mo.
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Appeal from St. Louis County Circuit Court. — Eon. G. A. Wurdeman, Judge. (1) Where the evidence introduced by plaintiff shows clearly that he was guilty of negligence which contributes to his injury, he cannot recover, and a demurrer to the evidence ought to be sustained. Hudson v. Railroad, 101 Mo. 13; Sherman v. Transit Co., 103 Mo. App. 515; McGrath v. Transit Co., 197 Mo. 97; Moore v. Railroad, 176 Mo. 528; Holland v. Railroad, 210 Mo. 338; Culberson v. Railroad, 140 Mo. 35; Watson v. Railroad,'133 Md. 246; Hornstein v. Railroad, 195 Mo. 440. (2) Street cars running on a fixed track have…
1Opinion of the CourtNortoni, J.
— This is a suit for damages accrued to plaintiff on account of personal injuries received through defendant’s negligence. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff was run upon and injured by one of defendant’s cars while walking in the public street near *580the tracks, in circumstances that suggest his injury might have been obviated by due care on the part of the motorman. It appears plaintiff, an old gentleman, aged eighty-one years at the time, was walking north on the sidewalk on the east side of Sixth street in St. Louis, and crossed Morgan street with a view of…
2Cases cited5 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Gebhardt v. St. Louis Transit Co.Missouri Court of Appeals · 1902
- Moore v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1895
- Kaiser v. United Railways Co.Missouri Court of Appeals · 1911
- Mertens v. St. Louis Transit Co.Missouri Court of Appeals · 1906
3Cited by1 opinion
- Murphy v. St. Louis Public Service Co.Supreme Court of Missouri · 1951