Fry v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Douglas, Judge. (1) The court’s refusal of defendant’s instruction in the nature of a demurer to the plaintiff’s evidence and of the peremptory instruction asked by the appellant at the close of all the evidence was error.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Douglas, Judge. (1) The court’s refusal of defendant’s instruction in the nature of a demurer to the plaintiff’s evidence and of the peremptory instruction asked by the appellant at the close of all the evidence was error. For a person to step on a railroad track directly in front of an approaching train and so close to it as to render it impossible to stop the train in time to avoid the injury, is such gross negligence as to preclude a recovery. Moore v. Railway, 176 Mo. 544, 75 S. W. 672; Watson v. Railroad, 133 Mo. 250, 34 S. W. 573;…
1Opinion of the CourtGoode, J.
(after stating the facts). — The injured boy’s statement that when he was between the two parallel tracks and in a position of perfect safety, he saw the east bound car advancing on the south track only five or six feet away, and thinking he could cross before it reached him, endeavored to do so, - is corroborated by other testimony and contradicted by none. So it may be assumed that the accident happened in that way. If it did and the boy is to be held as strictly responsible for the consequences of his act as a grown person would be, we would have to defeat the plaintiff’s action on the…
2Cases cited19 opinions
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
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3Cited by5 opinions
- Warren v. Kansas CitySupreme Court of Missouri · 1953
- Saller v. Friedman Bros. Shoe Co.Missouri Court of Appeals · 1907
- Ballman Ex Rel. Ballman v. H. A. Lueking Teaming Co.Supreme Court of Missouri · 1920
- Gruebel v. Wabash RailroadMissouri Court of Appeals · 1904
- Moeller v. United Railways Co.Missouri Court of Appeals · 1908