Kube v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. J. R. Kinealy, Judge. (1) The demurrer of the defendant to the plaintiff’s evidence should have been sustained. The plaintiff was running across the track a sufficient distance in advance of the car to have enabled him to cross in safety but for the misfortune of his having fallen. He 1 ‘ stumbled on the track” and could not get up before he was struck.
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Appeal from St. Louis City Circuit Court. — Hon. J. R. Kinealy, Judge. (1) The demurrer of the defendant to the plaintiff’s evidence should have been sustained. The plaintiff was running across the track a sufficient distance in advance of the car to have enabled him to cross in safety but for the misfortune of his having fallen. He 1 ‘ stumbled on the track” and could not get up before he was struck. There was no evidence whatever of any negligence on the part of the motorman in the handling of his car. Boland v. Railroad, 36 Mo. 492; Nellis on Street Surface Railroads, p. 374', see. 28 and…
1Opinion of the CourtGrOODE, J.
(after stating the facts as above).— The point pressed on our attention is that on the whole evidence a nonsuit should have been ordered. The argument made in support of this proposition is based on the assumption that plaintiff was crossing the track far-enough ahead of the car to have passed over -safely if he had not fallen; hence, the fall or stumble was the-proximate cause of the accident; not negligence on the part of the motorman in running at too high speed or failing to stop the car as quickly as possible after he discovered the danger of running over the boy. Several cases are cited…
2Cases cited15 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- Schmidt v. St. Louis RailroadSupreme Court of Missouri · 1899
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fortner v. St. Louis Public Service Co.Supreme Court of Missouri · 1951
- Henderson v. Los Angeles Traction Co.California Supreme Court · 1907
- Trout v. Laclede Gaslight Co.Missouri Court of Appeals · 1910
- Ozbun v. VanceSupreme Court of Missouri · 1959
- Kappes v. Brown Shoe Co.Missouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.