J. F. Conrad Grocer Co. v. St. Louis & Meramec River Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. STATEMENT OP THE CASE. The petition alleges negligence on the part of defendant, in that the defendant’s car was so carelessly and recklessly managed that the same was run into and against plaintiffs team; that at said time plaintiffs wagon was on defendant’s track, and in danger of being struck by a car unless same was slackened in speed, but that defendant’s motorman, in spite of the fact that he…
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. STATEMENT OP THE CASE. The petition alleges negligence on the part of defendant, in that the defendant’s car was so carelessly and recklessly managed that the same was run into and against plaintiffs team; that at said time plaintiffs wagon was on defendant’s track, and in danger of being struck by a car unless same was slackened in speed, but that defendant’s motorman, in spite of the fact that he knew this, or by the exercise of ordinary care might have known it, did recklessly and carelessly propel the car forward…
1Opinion of the CourtBland, P. J.
At the close of plaintiff’s evidence and again at the close of all the evidence, appellant moved the court to peremptorily instruct to find for it. The refusal of the court to so instruct is the first assignment of error appellant makes. The contention is that the admission of respondent’s driver, that for the space of five minutes while driving on the track he failed to look back for an approaching ear and that he could have, seen the car had he looked back, in time to have pulled off the track and avoided the collision, is a confession of such contributory negligence as to preclude a…
2Cases cited3 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Schmidt v. St. Louis RailroadSupreme Court of Missouri · 1899
- O'Keefe v. St. Louis & Suburban RailroadMissouri Court of Appeals · 1899
3Cited by10 opinions
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
- Zander v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Baxter v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Noll v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Kube v. St. Louis Transit Co.Missouri Court of Appeals · 1903
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