Heintz v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from ■ St. Louis City Circuit Court. — Son. O’Neill Ryan, Judge. Even though the plaintiff was guilty of negligence in crossing defendant’s track, yet if the motorman saw, or by the exercise of reasonable care, might have seen, the dangerous position in which plaintiff had placed himself, in time to have prevented the injury, and failed to do so, defendant was negligent and plaintiff is entitled to a verdict.
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Appeal from ■ St. Louis City Circuit Court. — Son. O’Neill Ryan, Judge. Even though the plaintiff was guilty of negligence in crossing defendant’s track, yet if the motorman saw, or by the exercise of reasonable care, might have seen, the dangerous position in which plaintiff had placed himself, in time to have prevented the injury, and failed to do so, defendant was negligent and plaintiff is entitled to a verdict. Scullin v. Railroad, 184 Mb. 695;-Morgan v. Railroad, 159 Mo. 262; Kreis v. Railroad, 131 Mo. 533; Hanlon v. Railroad, 104 Mo. 391; Kellny v. Railroad, 101 Mo. 67; Dunkman v.…
1Opinion of the CourtBland, P. J.
— On October 30, 1903, about 5 :30 p. m., plaintiff was driving his two-horse wagon on the west side of Broadway, in the city of St. Louis. Defendant has a double railroad track in the center of Broadway. Cars traveling north run on the east track and those traveling south run on the west track. Plaintiff attempted to cross the tracks by driving diagonally to the east side of the street. His horses were traveling *670in a walk. When plaintiff started across the street he looked south and saw a car about one-half block, or one hundred and fifty feet away, traveling north. He did not stop or hurry…
2Cases cited3 opinions
- Murray v. St. Louis Transit Co.Supreme Court of Missouri · 1903
- Murray v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Fanning v. St. Louis Transit Co.Missouri Court of Appeals · 1903
3Cited by6 opinions
- Strauchon v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Taylor v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1914
- Strauss v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Alexander v. Springfield Traction Co.Missouri Court of Appeals · 1923
- Irwin v. United Railways Co.Missouri Court of Appeals · 1917
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