Chappell v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) Under the common law as well as under the city ordinances, it was the duty of the motorman to keep a vigilant watch for persons and vehicles, either on or moving towards the track. Sepetowski v. Transit Co., 102 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) Under the common law as well as under the city ordinances, it was the duty of the motorman to keep a vigilant watch for persons and vehicles, either on or moving towards the track. Sepetowski v. Transit Co., 102 Mo. App. 110; Riska v. Railroad, 180 Mo. 168; Sludder v. Transit Co., 189 Mo. 107; Deschmer v. Railroad, 200 Mo. 310. (2) The degree of care required depends upon the attendant circumstances and these may require the motorman not only to look ahead but also to have his car under control. In fact, to keep a…
1Opinion of the CourtAllen, J.
This is an action to recover the value of an automobile belonging to appellant, which was struck by two of respondent’s street cars at a public street crossing in the city of St. Louis and demolished. The cause was tried before the court and a jury, resulting in a verdict for defendant, and plaintiff appeals.
It appears that on January 5, 1908, at about 6:30 p. m., a young man was riding in and driving plaintiff’s automobile and was proceeding in a southerly direction along Clarendon avenue, a public street in the city of St. Louis, approaching the intersection of said street with the street…
2Cases cited15 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
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3Cited by3 opinions
- Goben v. Quincy, Omaha & Kansas City Ry. Co.Missouri Court of Appeals · 1920
- Cowherd v. Mo. Pac. R.R. Co.Missouri Court of Appeals · 1924
- Cowherd v. Missouri Pacific RailroadMissouri Court of Appeals · 1924