Legal Opinion

Schafstette v. St. Louis & Meramec River Railroad

Supreme Court of Missouri

Decided May 27, 1903PublishedCited by 18 opinions

'Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) The court erred in refusing to give on behalf of defendant; an instruction in the nature of a demurrer to the evidence, offered at the close of all the evidence, .(a) Because the evidence shows that plaintiff himself was guilty of' negligence which directly contributed to cause the collision in question.

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'Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) The court erred in refusing to give on behalf of defendant; an instruction in the nature of a demurrer to the evidence, offered at the close of all the evidence, .(a) Because the evidence shows that plaintiff himself was guilty of' negligence which directly contributed to cause the collision in question. Payne v. Railroad, 136 Mo. 534; Yancey v. Railroad, 93 Mo. 433; Kelsey v. Railroad, 129 Mo. 369; Lenix v. Railroad, 76 Mo. 86; Culbertson v. Railroad, 140 Mo. 35; Kreis v. Railroad, 148 Mo. 321; Maxey v. Railroad,…

1Opinion of the Court

MABSHALL, J. J.

— This is an action to recover damages for personal injuries sustained by the plaintiff, on December 7, 1899, on Pair avenue, just south of Green Lea place, in St. Louis, in consequence of a collision between one of defendants ears and the plaintiff’s wagon. The negligence assigned is that while the plaintiff was driving his wagon along Pair avenue, near defendant’s tracks, the defendant’s servants “did so negligently, carelessly, unskillfully and wrongfully manage, operate, control and run at a high and unusual rate of speed one of its south-bound cars along its east track as…

2Cases cited7 opinions

  1. Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
  2. Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
  3. Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
  4. Driscoll v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
  5. Watson v. Mound City Street Railway Co.Supreme Court of Missouri · 1896

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
  2. Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
  3. Riggs v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
  4. Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
  5. Beier v. St. Louis Transit Co.Supreme Court of Missouri · 1906

13 more not listed; retrieve them via the Exa API.

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