O'Keefe v. St. Louis & Suburban Railroad
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The plaintiff’s own evidence clearly shows that she was guilty of negligence contributing to the accident, and that she ought not to recover; and she must be held conclusively bound by her own evidence, and can not be allowed for any purpose to contradict or vary the same by the testimony of other witnesses.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The plaintiff’s own evidence clearly shows that she was guilty of negligence contributing to the accident, and that she ought not to recover; and she must be held conclusively bound by her own evidence, and can not be allowed for any purpose to contradict or vary the same by the testimony of other witnesses. State v. Brooks, 99 Mo. 137; Payne v. E. E. Co., 136 Mo. 562. (2) Although the plaintiff testified that before going upon the west track, as well as before going on the east track, she stopped and looked, or…
1Opinion of the CourtBond, J.
Tbe defendant operates electric street cars over a double track in tbe Oity of St. Louis, terminating northwardly at Wells Station. On the night of November 6, 1894, the plaintiff was struck by a .south bound train at the intersection of Plymouth avenue with defendant’s tracks. According to her own'testimony she and her husband were returning home about 7 o’clock in the evening, and when they reached the south side of Plymouth avenue on the east side of defendants right of way, they started across the same in an oblique direction, intending to complete the crossing at the northwest corner of…
2Cases cited1 opinion
- Watson v. Mound City Street Railway Co.Supreme Court of Missouri · 1896
3Cited by2 opinions
- J. F. Conrad Grocer Co. v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1901
- McAndrews v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1900