Legal Opinion

Deitring v. St. Louis Transit Co.

Missouri Court of Appeals

Decided February 7, 1905PublishedCited by 9 opinions

Appeal from Lincoln Circuit Court. — Hon. Houston W. Johnson, Judge. (1) The defendant offered peremptory instructions at the close of plaintiff’s evidence and again at the close of all the evidence that under the evidence plaintiff could not recover, which instruction the court refused.

Read the full summary

Appeal from Lincoln Circuit Court. — Hon. Houston W. Johnson, Judge. (1) The defendant offered peremptory instructions at the close of plaintiff’s evidence and again at the close of all the evidence that under the evidence plaintiff could not recover, which instruction the court refused. Guyer v. Railway, 174 Mo. 350, 73 S. W. 584. But plaintiff in a very ingenious way seeks by his evidence to relieve himself of the responsibilities thrown upon him by the law under these circumstances. First, he claimed defective hearing; this would not relieve him unless he could bring personal, knowledge to…

1Opinion of the CourtNortoni, J.

1. The plaintiff instituted this action in the circuit court of the city of St. Louis, praying judgment against the defendant on account of personal injuries sustained by him by reason of alleged negligence of defendant in operating its street cars at an unlawful rate of speed, in violation of city ordinances. A change of venue was afterwards awarded plaintiff, the case was transferred to the Lincoln County Circuit Court and, at the October term, 1903, was tried by a jury in said court. The jury returned a verdict awarding plaintiff damages in the sum of $3,300. On this verdict judgment was…

2Cases cited36 opinions

  1. Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
  2. Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  3. Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
  4. Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
  5. Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900

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

3Cited by9 opinions

  1. Eckhard v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  2. Dey v. United Railways Co.Missouri Court of Appeals · 1909
  3. Connor v. Wabash RailroadMissouri Court of Appeals · 1910
  4. Metropolitan Railway Co. v. FonvilleSupreme Court of Oklahoma · 1907
  5. Baxter v. MagillMissouri Court of Appeals · 1907

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API