Mertens v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. The court erred in overruling defendant’s demurrer to the evidence, when the evidence fails to show any negligence on the part of defendant, or when plaintiff’s evidence conclusively shows that his own negligence directly contributed to his injuries, the demurrer to the evidence must be sustained.
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Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. The court erred in overruling defendant’s demurrer to the evidence, when the evidence fails to show any negligence on the part of defendant, or when plaintiff’s evidence conclusively shows that his own negligence directly contributed to his injuries, the demurrer to the evidence must be sustained. McCauley v. Transit Co., 179 Mo. 583; Theobald v. Transit Co., 191 Mo. 354; Roenfeldt v. Railroad, 180 Mo. 554; Reno v. Railroad, 180 M'o. 469; Markowitz v. Railroad, 188 Mo. 350; Engleking v. Railroad, 187 Mo'. 164;…
1Opinion of the CourtBland, P. J.
On December 2, 1902, between seven and eight o’clock in the evening, plaintiff’s wagon, which he was driving east on Natural Bridge road, in *306the city of St. Louis, was struck in the rear by one of defendant’s street cars, traveling in the same direction, causing injuries to plaintiff and damaging’ his wagon. The action wa,s to recover for plaintiff’s personal injuries and for the damage to his wagon. The negligence alleged and relied on at the trial was a failure of the motorman in charge of the car to exercise ordinary care in the management and operation of the car, and a violation of what…
2Cases cited15 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Theobald v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
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3Cited by3 opinions
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
- Kaiser v. United Railways Co.Missouri Court of Appeals · 1911
- Martin v. United Railways Co.Missouri Court of Appeals · 1915