Cogan v. Cass Avenue & Fair Grounds Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. S. P. Spencer, Judge. On the disputed points, the testimony is overwhelmingly in favor of the defendant. One witness for plaintiff himself says that no bell was rung. Six witnesses of the defendant say that the bell was repeatedly rung while the ear was approaching Fourteenth street. This point was immaterial, however, because plaintiff states that he twice saw the car before he reached the track.
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Appeal from St. Louis City Circuit Court. — How. S. P. Spencer, Judge. On the disputed points, the testimony is overwhelmingly in favor of the defendant. One witness for plaintiff himself says that no bell was rung. Six witnesses of the defendant say that the bell was repeatedly rung while the ear was approaching Fourteenth street. This point was immaterial, however, because plaintiff states that he twice saw the car before he reached the track. In any view of the case, the positive testimony of six witnesses is worth more than the negative testimony of one, the most interested witness in the…
1Opinion of the CourtBarclay, J.
Plaintiff had a verdict and judgment in the circuit court in this action for injuries sustained by him in a collision in June, 1899, with a street railway car operated by the defendant company. He began his action before Justice Cullinane, and on appeal the case was tried anew with the result of a finding and judgment for plaintiff in the sum of $550. Defendant then prosecuted this appeal after taking the necessary steps for that purpose.
Plaintiff’s case, as stated by him as a witness, discloses that he was a man of about fifty-six years at the time of the mishap in suit. He was engaged in…
2Cases cited17 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
- Bogie v. NolanSupreme Court of Missouri · 1888
- Lane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Weddle v. TrimbleSupreme Court of Missouri · 1932
- Van Meter v. ZumwaltIdaho Supreme Court · 1922
- Columbia Digger Sand & Gravel Co. v. Ross Island Sand & Gravel Co.Oregon Supreme Court · 1933
- Rowe v. U.R. Co. of St. LouisMissouri Court of Appeals · 1922
- Mulcahey v. Brotherhood of Railway TrainmenMissouri Court of Appeals · 1934
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