O'Donnell v. O'Neill
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. James F. Withrow, Judge. (1) The care required of the automobile operator is commensurate with the risks to which he exposes others on the highways, and demands a vigilant watch and stopping when danger is imminent. McPern v. Gardner, 121 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. James F. Withrow, Judge. (1) The care required of the automobile operator is commensurate with the risks to which he exposes others on the highways, and demands a vigilant watch and stopping when danger is imminent. McPern v. Gardner, 121 Mo. App. 1; Ward v. Meredith, 220 Ill. 66; Christy v. Elliott, 216 Ill. 45; Strand v. Grinnell Automobile Co. (Iowa), 113 N. W. 488; Shinkle v. McCullough, 116 Ky. 960. (2) If the automobile emitted loud noises and approached the horse in a threatening manner, the defendant cannot escape liability on the…
1Opinion of the CourtGoode, J.
Appellant-filed this action to recover damages for a personal injury alleged to have been due to respondent’s negligence in operating an automobile. The accident occurred October 18, 1902, in the forenoon, and on West Pine Boulevard in the city of St. Louis, at a point between Spring and Vandeventer avenues. It is alleged the automobile emitted loud hissing and puffing sounds caused by using gasoline in the propelling of the machine, and by the exhaust of gases in the engine propelling it; that the automobile was large, bright in color and different from the other vehicles used in the…
2Cases cited9 opinions
- Christy v. ElliottIllinois Supreme Court · 1905
- McFern v. GardnerMissouri Court of Appeals · 1906
- Shinkle v. McCulloughCourt of Appeals of Kentucky · 1903
- Ward v. MeredithIllinois Supreme Court · 1906
- Topeka Water Co. v. WhitingSupreme Court of Kansas · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Parsons v. Crown Disposal Co.California Supreme Court · 1997
- Phelan v. Granite Bituminous Paving Co.Supreme Court of Missouri · 1910
- Tyburszec v. HeatterSupreme Court of Connecticut · 1954
- Holloway v. Barnes Grocer Co.Missouri Court of Appeals · 1929
- Phelan v. Granite Bituminous Paving Co.Missouri Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.