Burleigh v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. John A. Blevins, Judge. (1) The demurrers to the evidence offered at the close of plaintiff’s case and at the close of the entire case should have been sustained. • It is undisputed that had the plaintiff looked, or had any one on the fire truck looked, the approaching car could have been seen in time to have avoided going on the track, or by hurrying across before the car struck the fire truck.
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Appeal from St. Louis City Circuit Court. — Eon. John A. Blevins, Judge. (1) The demurrers to the evidence offered at the close of plaintiff’s case and at the close of the entire case should have been sustained. • It is undisputed that had the plaintiff looked, or had any one on the fire truck looked, the approaching car could have been seen in time to have avoided going on the track, or by hurrying across before the car struck the fire truck. Holwerson v. Railroad, 157 Mo. 216; Watson v. Railroad, 133 Mo. 250; Boyd v. Railroad, 105 Mo. 371; Sinclair v. Railroad, 133 Mo. 241; Huggert v.…
1Opinion of the CourtGoode, J.
On December 29, 1903, plaintiff was injured in a collision with one of defendant’s trolley cars and afterwards instituted this action for damages. The accident occurred after nightfall. Several acts of negligence on the part of the motorman of the car are averred as causes of the accident; but only three were *727submitted to the jury as grounds for a verdict for plaintiff. These three were; first, that the car had been running for more than one hundred feet before reaching the point of collision at a higher speed than ten miles an hour and because of such speed the motorman was unable, by using…
2Cases cited11 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Louisville, New Albany & Chicago Railway Co. v. CreekIndiana Supreme Court · 1892
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Elyton Land Co. v. MingeaSupreme Court of Alabama · 1889
- Dickson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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3Cited by7 opinions
- Frandeka v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
- Oklahoma Ry. Co. v. ThomasSupreme Court of Oklahoma · 1917
- Loomis v. AbelsonSupreme Court of Vermont · 1929
- Veek v. Tacoma Suburban Lines, Inc.Washington Supreme Court · 1956
- Hogan v. FlemingMissouri Court of Appeals · 1924
2 more not listed; retrieve them via the Exa API.