Hafner v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. The demurrers to plaintiff’s evidence and to all the evidence should have been sustained. First. Plaintiff failed to prove any substantial negligence whatever. Kennedy v. Railroad, 43 Mo. App. 1; Edwards v. Ins. Co., 100 Mo. App. 712; Hanselman v. Railroad, 88 Mo. App. 123; Heyde v. Railroad, 110 Mo. 272. Second.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. The demurrers to plaintiff’s evidence and to all the evidence should have been sustained. First. Plaintiff failed to prove any substantial negligence whatever. Kennedy v. Railroad, 43 Mo. App. 1; Edwards v. Ins. Co., 100 Mo. App. 712; Hanselman v. Railroad, 88 Mo. App. 123; Heyde v. Railroad, 110 Mo. 272. Second. The evidence shows conclusively that deceased in going npon the track stepped from immediately behind a large wagon that was loaded with boxes, and which shut off his view of the car, and went upon the track when…
1Opinion of the CourtValliant, J.
Plaintiff’s husband was struck and killed by a car on defendant’s street railroad and she brings this suit under section 2864, Revised Stat*198utes 1899, to recover $5,000 damages. The petition charges negligence as at common law of the defendant’s servants in operating the car, and pleads also the Vigilant Watch ordinance and negligence in failing to observe it.
The negligence charged, as independent of the ordinance, was failure to use care to watch for persons on the crossing or moving towards it in danger of the car, failure to use care to stop the car and failure to give signal of its…
2Cited by10 opinions
- Denver City Tramway Co. v. CobbCourt of Appeals for the Eighth Circuit · 1908
- Evans v. Illinois Central RailroadSupreme Court of Missouri · 1921
- Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
- Le Doux v. MartinezNew Mexico Supreme Court · 1953
- Paul v. United Railways Co.Missouri Court of Appeals · 1911
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