Frank v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Robert M. Foster, Judge. (1) The demurrer to the evidence should have been sustained. Boyd v. Railroad, 105 M'o. 371, 16 S. W. 909; Holwerson v. Railroad, 157 Mo. 216, 57 S. W. 770; Grocer Co. v. Railway, 89 Mo.
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Appeal from St. Louis City Circuit Court. — Son. Robert M. Foster, Judge. (1) The demurrer to the evidence should have been sustained. Boyd v. Railroad, 105 M'o. 371, 16 S. W. 909; Holwerson v. Railroad, 157 Mo. 216, 57 S. W. 770; Grocer Co. v. Railway, 89 Mo. App. 534; Ries v. Railroad, 179 Mo. 1, 77 S. W. 734; Hook v. Railroad, 162 Mo. 569, 63 S. W. 360; Zumault v. Railroad, 175 Mo. 288, 74 S. W. 1015; Palmer v. Railroad, 112 Ind. 250; s. c., 14 N. E. 73, 74; Moore v. Railroad, 176 Mo. 528, 75 S. W. 672; Watson v. Railroad, 133 Mo. 246, 34 S. W. 573. (2) The burden is on the plaintiff to…
1Opinion of the CourtGoode, J.
(after stating the,facts). — We attach no importance to the failure of the motorman to ring the bell as his car drew near the plaintiff, granting that he *507failed to ring it. The only purpose the warning could have served was to attract the attention of the plaintiff to the approach of the north-bound car and the need of moving far enough from the east track to be out of danger. But according to his own statement this movement was impossible. He was doing his best already to drive across the east track, and if he had gotten across, would have been out of danger from both cars. Sounding a bell…
2Cases cited6 opinions
- Murray v. St. Louis Transit Co.Supreme Court of Missouri · 1903
- Reno v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
- Murray v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Dozier v. ToalsonSupreme Court of Missouri · 1904
- Aldrich v. St. Louis Transit Co.Missouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Peterson v. United Railways Co.Missouri Court of Appeals · 1914