Gerdes v. Christopher & Simpson Architectural Iron & Foundry Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court.—Hon. W. W. Edwards, Judge. (1) There is no evidence sufficient to support the judgment. Plaintiff’s own testimony conclusively shows contributory negligence and that the wagon wheel broke in consequence of making too short a turn and not by reason of coming in contact with the iron pillar at all— a thing it was mechanically impossible for -plaintiff to accomplish.
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Appeal from St. Louis County Circuit Court.—Hon. W. W. Edwards, Judge. (1) There is no evidence sufficient to support the judgment. Plaintiff’s own testimony conclusively shows contributory negligence and that the wagon wheel broke in consequence of making too short a turn and not by reason of coming in contact with the iron pillar at all— a thing it was mechanically impossible for -plaintiff to accomplish. Milburn v. Railroad, 86 Mo. 104; Maxey v. Railroad, 113 Mo. 1. • (2) There was sufficient space for anyone using even the slightest degree of care to have safely passed along the street,…
1Opinion of the CourtMacfaklane, J.
Plaintiff recovered judgment for $5,000 against the said company, and the city of St. Louis, for injuries received on account of alleged neg*351ligence of defendants in obstructing the street, in the city of St. Louis, by depositing thereon a lot of iron pillars, by said company, with which his wagon collided, in consequence whereof he lost his leg. The petition charged negligence of said company in placing the iron on the street and of defendant, the city of St. Louis, in permitting it to remain thereon. The answer was a general denial, and a plea of contributory negligence. Both defendants have…
2Cases cited8 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- T. & P. R'y Co. v. CurryTexas Supreme Court · 1885
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ballard v. Kansas CityMissouri Court of Appeals · 1905
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
- Press v. PennySupreme Court of Missouri · 1912
- Burgess v. Kansas CityMissouri Court of Appeals · 1951
- Scholl v. GraysonMissouri Court of Appeals · 1910
17 more not listed; retrieve them via the Exa API.