Schroeder v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. STATEMENT. On August 15, 1903 while plaintiff was driving bis one-horse wagon north on Fourth street, in the city of St. Louis, his wagon was struck by one of defendant’s street cars travelling south on said street. The wagon was overturned and plaintiff was thrown to the ground and severely bruised and injured. The suit is to recover the damages that accrued from the injury.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. STATEMENT. On August 15, 1903 while plaintiff was driving bis one-horse wagon north on Fourth street, in the city of St. Louis, his wagon was struck by one of defendant’s street cars travelling south on said street. The wagon was overturned and plaintiff was thrown to the ground and severely bruised and injured. The suit is to recover the damages that accrued from the injury. The petition, after making formal allegations, alleges: “1.- That plaintiff was driving northward in the east track along Broadway, and a car coming…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. We think the plaintiff’s evidence tends to prove some of the specific acts of negligence charged in the petition and that the case was one for the jury, unless plaintiff, by his own evidence, convicts himself of negligence that contributed to his injury. In Gettys v. Transit Co., 103 Mo. 564, 78 S. W. 82, the plaintiff deliberately and advisedly placed herself in a position which made a collision with a street car imminent and retained that position until a collision took place, without making any effort to shun it. It was held that in these circumstances…
2Cases cited8 opinions
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Sommers v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- State ex rel. Ziegenhein v. TittmannSupreme Court of Missouri · 1890
- Holden v. Missouri RailroadMissouri Court of Appeals · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Block v. RackersSupreme Court of Missouri · 1953
- Hawkins v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
- Kunz v. MunzlingerSupreme Court of Missouri · 1951
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Moore v. CoatesDistrict of Columbia Court of Appeals · 1944
3 more not listed; retrieve them via the Exa API.