Battles v. United Railways Co. of St Louis
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. Gustavus A. Wurdeman, Judge. Tlie court erred in refusing to direct a verdict for defendant, for the reason that the alleged omissions of duty counted on were either unproved, did not constitute negligence, or else were not the proximate cause of the accident, (a) The alleged operation of the car at a speed in excess of the maximum rate prescribed by ordinance was not the proximate cause of the accident, inasmuch as decedent…
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Appeal from St. Louis County Circuit Court. — Hon. Gustavus A. Wurdeman, Judge. Tlie court erred in refusing to direct a verdict for defendant, for the reason that the alleged omissions of duty counted on were either unproved, did not constitute negligence, or else were not the proximate cause of the accident, (a) The alleged operation of the car at a speed in excess of the maximum rate prescribed by ordinance was not the proximate cause of the accident, inasmuch as decedent went upon the track immediately in front of the car and the collision would have been inevitable had the car been…
1Opinion of the CourtAllen, J.
This is an action instituted by respondents, husband and wife, for the death of their minor son, Shelby Battles, through the alleged negligence of the defendant. Plaintiffs recovered, and the defendant prosecutes the appeal.
Respondents’ minor son met death by being struck and run over by one of defendant’s street cars in the city of Maplewood, St. Louis county, on Manchester avenue, a public street of said city, on October 31,1910, at about eleven o’clock a. m.
*603THE PLEADINGS.
The petition, which is quite lengthy, counts upon several different theories of negligence.
The first assignment of…
2Cases cited44 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Blanton v. DolbSupreme Court of Missouri · 1891
39 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bauman v. ConradMissouri Court of Appeals · 1961
- Wilson v. WhiteMissouri Court of Appeals · 1954
- Evans v. Massman Construction Co.Supreme Court of Missouri · 1938
- Turner v. City of MoberlyMissouri Court of Appeals · 1930
- Nevinger v. HaunMissouri Court of Appeals · 1917
15 more not listed; retrieve them via the Exa API.