Murray v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Tlie court erred in submitting to the jury, in the instructions given of its own motion, the question of defendant’s liability in failing to sound its gong, as there was no legal evidence of such failure. The only interpretation which can be placed upon the testimony respecting the gong, given by all of plaintiff’s witnesses, is that they were not paying any attention to it.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Tlie court erred in submitting to the jury, in the instructions given of its own motion, the question of defendant’s liability in failing to sound its gong, as there was no legal evidence of such failure. The only interpretation which can be placed upon the testimony respecting the gong, given by all of plaintiff’s witnesses, is that they were not paying any attention to it. Such testimony does not make óut a case of negligence, the presumption being that the defendant exercised proper care. Cathcart v. Railroad,…
1Opinion of the CourtValliant, J.
Plaintiff recovered a judgment for'$500 damages for personal injuries received by him in a collision with one of defendant’s street cars, caused, as he alleges, by the negligence of defendant’s servants. Defendant appeals from the judgment, and as the ap*185peal was taken before this court had passed on the question of the validity of the constitutional amendment authorizing nine jurors in a civil case to return a verdict, and as that question was raised in the trial court in this case, the appeal was brought to this court. Since the appeal in this case was taken, however, that constitutional…
2Cases cited2 opinions
- Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
3Cited by37 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Elkin v. St. Louis Public Service Co.Supreme Court of Missouri · 1934
- Pentecost v. St. Louis Merchants Bridge Terminal RailroadSupreme Court of Missouri · 1933
- Cavendish v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1924
- Eckhard v. St. Louis Transit Co.Supreme Court of Missouri · 1905
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