Moore v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Warwick Hough, Judge. STATEMENT OF THE CASE. The suit is for personal injuries alleged to have been inflicted on plaintiff by being struck by one of the defendant’s cars on the twenty-sixth day of September, 1900, at Jefferson avenue in the city of St. Louis.
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Appeal from St. Louis City Circuit Court. — How. Warwick Hough, Judge. STATEMENT OF THE CASE. The suit is for personal injuries alleged to have been inflicted on plaintiff by being struck by one of the defendant’s cars on the twenty-sixth day of September, 1900, at Jefferson avenue in the city of St. Louis. At the close of plaintiff’s evidence, the court gave an instruction in the nature of a demurrer thereto, whereupon plaintiff to.ok a nonsuit with leave to move to set the samé aside and grant a new trial. His motion was duly filed and overruled, whereupon he perfected his appeal. A summary…
1Opinion of the CourtBland, P. J.
Was the plaintiff guilty of contributory negligence and if so was such negligence the direct cause of the injury, or was there sufficient evidence to have warranted the court to have sent the case to the jury to determine whether the injury was due to the fault of the plaintiff or to the fault of the defendant, are the questions presented for decision by the record in the case. The trial court having granted a demurrer to the plaintiff’s evidence, every fact which the evidence tends to prove, though but in the slightest degree, must be taken as admitted by the demurrer. Bender v. St. L. & S.…
2Cases cited46 opinions
- Lake Shore & Michigan Southern Railway Co. v. BodemerIllinois Supreme Court · 1892
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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3Cited by8 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Grass v. Ft. Wayne & Wabash Valley Traction Co.Indiana Court of Appeals · 1907
- Deitring v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Goben v. Quincy, Omaha & Kansas City Ry. Co.Missouri Court of Appeals · 1920
- Barrie v. St. Louis Transit Co.Missouri Court of Appeals · 1906
3 more not listed; retrieve them via the Exa API.