O'Mara v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Mon. D. D. Fisher, Judge. (1) The demurrer to the plaintiff’s evidence should have been sustained.
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Appeal from St. Louis City Circuit Court.— Mon. D. D. Fisher, Judge. (1) The demurrer to the plaintiff’s evidence should have been sustained. The great and overwhelming preponderance of the evidence was that the car was neither stopped nor slowed down for the purpose of enabling the plaintiff to board the car, but plaintiff tried the experiment of boarding a moving car, notwithstanding his age and the fact that the rear platform was crowded, and such experiment proved a failure. He should not be permitted to recover for his own mistake' and negligence. Dietrich v. Railroad, 58 Md. 347; 3 Am.…
1Opinion of the CourtGoode, J.
Appeal from a judgment in favor of plaintiff in an action for personal injuries caused by a fall from the rear platform of one of defendant’s street ears.
The statements in the petition are that plaintiff attempted to take passage on said car at the west crossing of Cass avenue and Seventh street in the city of St. Louis, a customary place for receiving passengers. Plaintiff signaled to the motorman and conductor of a west-bound car that was approaching the crossing, his intention to become a passenger, and thereupon the car’s movement was slowed down, or stopped, to admit him. "While it was…
2Cases cited13 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Blanton v. DolbSupreme Court of Missouri · 1891
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- Whitsett v. RansomSupreme Court of Missouri · 1883
- Illinois Central Railroad v. O'KeefeIllinois Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ala. City, G. & A. Ry. Co. v. BatesSupreme Court of Alabama · 1907
- Harvey v. Fresno Traction Co.California Supreme Court · 1917
- Virginia Railway & Power Co. v. ArnoldCourt of Appeals of Virginia · 1917
- Fels v. East St. Louis & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1921
- Story v. St. Louis Transit Co.Missouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.