Cooney v. Southern Electric Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Rudolph Hirzel, Judge. We submit that this evidence, if true, showed either that defendant’s motorman was not doing his duty in keeping a vigilant watch or that he did not stop the cars as required by both the common law and the ordinance in the shortest time and space possible on the first appearance of danger to the wagon.
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Appeal from the St. Louis City Circuit Court. — Hon. Rudolph Hirzel, Judge. We submit that this evidence, if true, showed either that defendant’s motorman was not doing his duty in keeping a vigilant watch or that he did not stop the cars as required by both the common law and the ordinance in the shortest time and space possible on the first appearance of danger to the wagon. That this was his duty at the common law, we cite Bunyan v. Railroad, 127 Mo. 18. And, of course, such was his duty if the ordinance was in force. The next reason urged by appellant why his demurrer to the evidence is…
1Opinion of the CourtBiggs, J.
The defendant owns and operates a double track electric street railway in the city of St. Louis. Its line of road extends north and south along Broadway. Schirmer street intersects Broadway at right angles. On the twenty-seventh of December, 1897, the plaintiff was driving his covered vehicle south on Broadway, in the vicinity of Schirmer street. After passing the intersection of Schirmer street, he traveled along the west side of defendant’s railway for a distance of about one hundred feet. He then attempted to •cross the railroad tracks and drove diagonally across the west track, which is…
2Cases cited5 opinions
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Fath v. Tower Grove & LaFayette RailwaySupreme Court of Missouri · 1891
- Sanders v. Southern Electric Railway Co.Supreme Court of Missouri · 1898
3Cited by10 opinions
- Ross v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Bennett v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Deitring v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Waddell v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Moore v. St. Louis Transit Co.Missouri Court of Appeals · 1902
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