Wellmeyer v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court — Now. Walter B. Douglas, Judge. (1) One who testifies as a witness in his own behalf is conclusively bound by his deliberate admissions from the witness stand. Cogan v. Railroad, 73 S. W. 738; Shirts v. Overjohn, 60 Mo. 305. Where the facts showing the contributory negligence are testified to or admitted by plaintiff himself, the question is not one for the jury.
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Appeal from St. Louis City Circuit Court — Now. Walter B. Douglas, Judge. (1) One who testifies as a witness in his own behalf is conclusively bound by his deliberate admissions from the witness stand. Cogan v. Railroad, 73 S. W. 738; Shirts v. Overjohn, 60 Mo. 305. Where the facts showing the contributory negligence are testified to or admitted by plaintiff himself, the question is not one for the jury. Davis v. Railroad, 159 Mo. 1. It is contributory negligence, as a matter of law, to ride standing on the platform of a street car when there is room for one to be seated, and where no special…
1Opinion of the CourtBurgess, P. J.
This is an action by plaintiff against the defendant to recover twenty-five thousand dollars damages for personal injuries alleged to have been sustained by him while a passenger for hire upon one of defendant’s cars, by reason of being thrown from said car against a post, owing to the rocking of the car caused by the defective condition of defendant’s track.
The trial by the court and jury resulted in a verdict and judgment in favor of plaintiff for the sum of five thousand dollars. Within four days after verdict defendant filed motion for a new trial which was overruled. From the verdict and…
2Cases cited5 opinions
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Burns v. Bellefontaine Railway Co.Supreme Court of Missouri · 1872
- Parks v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
- Seymour v. Citizens' Railway Co.Supreme Court of Missouri · 1893
- Paquin v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1901
3Cited by6 opinions
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
- Public Utilities Co. v. CosbyIndiana Court of Appeals · 1915
- Alexander v. CheasterSupreme Court of New Jersey · 1933
- Kirn v. HarveyMissouri Court of Appeals · 1918
- Vessels v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
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