McCloskey v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon, Daniel D. Fisher, Judge. (1) The court erred in overruling- defendant’s demurrer to the evidence. The evidence shows conclusively that the proximate cause of the collision between the car and the buggy was one that was completely without the control of defendant, and for which it was not .responsible. O’Gfara v. Transit Co., 204 Mo. 734; Bailey v. Railroad, 152 Mo. 449; Foley v. McMahon, 114 Mo. App.- 444; Haley y.
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Appeal from St. Louis City Circuit Court. — Hon, Daniel D. Fisher, Judge. (1) The court erred in overruling- defendant’s demurrer to the evidence. The evidence shows conclusively that the proximate cause of the collision between the car and the buggy was one that was completely without the control of defendant, and for which it was not .responsible. O’Gfara v. Transit Co., 204 Mo. 734; Bailey v. Railroad, 152 Mo. 449; Foley v. McMahon, 114 Mo. App.- 444; Haley y. Railroad, 179 Mo. 35 ; Feddeck v. Car Co., 125 Mo. App. 31; Saxon v. Railroad, 98 Mo. App. 494. (2) The court erred in giving…
1Opinion of the CourtReynolds, P. J.
The facts attendant upon the accident in this case are practically identical with those in the ease of St. Louis Carbonating & Manufacturing Company v. United Railways Company of St, Louis, in which the opinion of this court was filed December 5, 1911. [See 162 Mo. App. 18, 142 S. W. 737.] The plaintiff in that case, owner of the horse and buggy, brought its action, for damages to them. In the case at bar plaintiff was riding in that buggy with his father, who was driving when that accident occurred, and this action is for damages for injuries sustained by plaintiff to his person. As the…
2Cases cited6 opinions
- Whitmore v. Supreme Lodge Knights & Ladies of HonorSupreme Court of Missouri · 1889
- Lange v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1907
- Phelps v. City of SalisburySupreme Court of Missouri · 1901
- Tall v. ChapmanMissouri Court of Appeals · 1896
- Walker v. RobertsonMissouri Court of Appeals · 1904
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