Legal Opinion

Yonkers v. St. Louis, Iron Mountain & Southern Railway Co.

Missouri Court of Appeals

Decided April 7, 1914PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court. — Row. William B. Homer, Judge. (1) A clear case of contributory negligence on part of plaintif was established by the evidence, .and the court should have so declared.

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Appeal from St. Louis City Circuit Court. — Row. William B. Homer, Judge. (1) A clear case of contributory negligence on part of plaintif was established by the evidence, .and the court should have so declared. Kelsay v. Railroad, 129 Mo. 365; Dyrcz v. Railroad, 238 Mo. 33; Burge v. Railroad, 244 Mo. 76; Laun v. Railroad, 216 Mo. 563; Stottler v. Railroad, 204 Mo. 619; Green v. Railroad, 192 Mo. 131; Schmidt v. Railroad, 191 Mo. 215; Sanguinette v.' Railroad, 196 Mo. 466; Hook v. Railroad, 162 Mo. 569; Lien v. Railroad, 79 Mo. App. 475; Jones v. Barnard, 63 Mo. App. 501; Drake v. Railroad, 61…

1Opinion of the CourtAllen, J.

This is an .action for personal injuries sustained by plaintiff by reason of a collision of defendant’s train with a wagon in which plaintiff was riding, at a street crossing in the city of St. Louis. Plaintiff recovered and the defendant prosecutes the appeal.

Defendant’s tracks pass through the southern portion of the city of St. Louis, crossing Broadway, a public street in said city. At this point such tracks extend nearly east and west, Broadway extending north and south. Two tracks were here maintained by the defendant, at the time "in question, one, the south track, for the use of…

2Cases cited9 opinions

  1. Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
  2. Jennings v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1892
  3. Oldenburg v. New York Central & Hudson River RailroadNew York Court of Appeals · 1891
  4. Edwards v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1902
  5. Delaware & H. Co. v. LarnardCourt of Appeals for the Third Circuit · 1908

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Gorman v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1930
  2. Jurgens v. ThompsonSupreme Court of Missouri · 1943
  3. Swigart v. LuskMissouri Court of Appeals · 1917
  4. Rollinson v. LuskMissouri Court of Appeals · 1920
  5. Cuccio v. Terminal Railroad Ass'nMissouri Court of Appeals · 1918

1 more not listed; retrieve them via the Exa API.

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