Wilson v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The court erred in refusing to direct a verdict, for the reason plaintiff admitted he saw how the ties were loaded and knew they were in a dangerous condition — so dangerous that he would not have climbed on top of them had he taken time to think of the matter.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The court erred in refusing to direct a verdict, for the reason plaintiff admitted he saw how the ties were loaded and knew they were in a dangerous condition — so dangerous that he would not have climbed on top of them had he taken time to think of the matter. This evidence establishes that the peril was obvious and imminent and that plaintiff both knew of the dangerous condition and would have appreciated its immediately threatening character had he taken time to think, and hence he was guilty of contributory…
1Opinion of the Court
*410ON RESUBMISSION.
REYNOLDS, P. J.
This is the second appeal in this case, on the first appeal the judgment of the circuit court being reversed because of an instruction given, that instruction containing the same error condemned by our Supreme Court in Hof v. St. Louis Transit Co., 213 Mo. 445, 111 S. W. 1166, and Krehmeyer v. St. Louis Transit Co., 220 Mo. 639, 120 S. W. 78. The cause was accordingly remanded. At the second trial the pleadings' were as before, and with an exception hereafter to be referred to, the evidence was practically as at the first trial. Hence it is unnecessary to set…
Also in this document: Concurrence.
2Cases cited10 opinions
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Mann v. DoerrSupreme Court of Missouri · 1909
- Hof v. St. Louis Transit Co.Supreme Court of Missouri · 1908
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3Cited by1 opinion
- Tomlinson Ex Rel. Tomlinson v. MarshallMissouri Court of Appeals · 1921