Klockenbrink v. St. Louis & Meramec River Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Pembrook B. Flitcrafk, Judge. (1) If plaintiff’s negligence “directly contributed to produce tbe injury,” he can not recover; and the trial court erred in declaring a different rule of law by the tenth instruction to the jury. It is only where plaintiff’s negligence is “previous” or “remote” or “secondary” that the principle illustrated by Davies v. Mann, 10 M. & W. 546, becomes applicable.
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Appeal from St. Louis City Circuit Court. — Hon. Pembrook B. Flitcrafk, Judge. (1) If plaintiff’s negligence “directly contributed to produce tbe injury,” he can not recover; and the trial court erred in declaring a different rule of law by the tenth instruction to the jury. It is only where plaintiff’s negligence is “previous” or “remote” or “secondary” that the principle illustrated by Davies v. Mann, 10 M. & W. 546, becomes applicable. The law is positive, in Missouri and elsewhere, that where plaintiff’s negligence directly contributes to his injury he can not recover.' 7 Am. and Eng.…
1Opinion of the CourtBond, J.
This suit is for personal injuries sustained by plaintiff while driving two horses bitched to a wagon in an eastwardly dbection over Lockwood avenue, when a car belonging to defendant and moving over its tracks in the same direction with plaintiff overtook and collided with bis wagon and team, it being alleged as tbe ground of defendant’s negligence tbat its car was going with unusu„al and negligent speed, and tbat its servants, after seeing tbe peril of plaintiff and bis property, bad full opportunity “to stop said car before striking or running into said wagon.”
Tbe defense was a general…
2Cases cited11 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- Schmidt v. St. Louis RailroadSupreme Court of Missouri · 1899
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3Cited by29 opinions
- Hamilton v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1913
- Nicol v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1912
- Cerrano v. Portland Ry. Light & Power Co.Oregon Supreme Court · 1912
- Baxter v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Deitring v. St. Louis Transit Co.Missouri Court of Appeals · 1905
24 more not listed; retrieve them via the Exa API.