Tabor ex rel. Tabor v. Hahs

CLEMENS, Commissioner.

The plaintiff appeals from an adverse judgment after the jury found for the defendant under plaintiff’s humanitarian submission. Plaintiff complains that the trial court erred by omitting a necessary element of plaintiff’s verdict-directing instruction.

The plaintiff was a pedestrian and the defendant was a motorist. Plaintiff’s evidence was that while he was walking diagonally across Gravois Road in St. Louis County, defendant drove up from behind and ran into him, breaking his leg. Plaintiff’s evidence tended to show that defendant was inattentive, and that he could…