J. F. Conrad Grocer Co. v. St. Louis & Suburban Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The court erred in overruling tbe peremptory instruction offered by defendant and in submitting the case to tbe jury. Tbe evidence of plaintiff showed clearly that the driver in charge of plaintiff’s wagon was guilty of contributory negligence in driving on to defendant’s tracks immediately in front of an approaching ear. Weaver v. Eailroad, 60 Mo. App. 207; Eusili v. Eailroad, 45 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The court erred in overruling tbe peremptory instruction offered by defendant and in submitting the case to tbe jury. Tbe evidence of plaintiff showed clearly that the driver in charge of plaintiff’s wagon was guilty of contributory negligence in driving on to defendant’s tracks immediately in front of an approaching ear. Weaver v. Eailroad, 60 Mo. App. 207; Eusili v. Eailroad, 45 Mo. App. 535; Payne v. Eailroad, 136 Mo. 562. The court erred in refusing defendant’s instruction “D,” to the effect that the defendant…
1Opinion of the CourtGoode, J.
On the third day of November, 1899, a repair car running eastward on the defendant’s track collided with the plaintiff’s horse and wagon at the intersection of the track and Whittier street. That street runs north and south and the right of way east and west. The track is straight for several blocks west of Whittier, and the view unobstructed. The accident occurred near six o’clock in the evening. The day was gloomy and at that hour it was growing dusk. The driver of the wagon, who was a youth seventeen or eighteen years of age, was proceeding southward on Whittier street as the car which…
2Cases cited23 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
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3Cited by3 opinions
- McLeland v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Barrie v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Rober v. Northern Pacific Railway Co.North Dakota Supreme Court · 1913