Impkamp v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Eon. Daniel D. Fisher, Judge. (1) An electric street railway company operating dangerous machinery at a rapid speed in a populous city, is hound to know that pedestrians have an equal right to the use of streets; therefore it is the duty of the motorman to he on the lookout, and to take all reasonable measures to avoid injuring such persons passing along the tracks, and failure to do so is negligence.
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Appeal from St. Louis City Circuit Court.— Eon. Daniel D. Fisher, Judge. (1) An electric street railway company operating dangerous machinery at a rapid speed in a populous city, is hound to know that pedestrians have an equal right to the use of streets; therefore it is the duty of the motorman to he on the lookout, and to take all reasonable measures to avoid injuring such persons passing along the tracks, and failure to do so is negligence. Presmeyer v. Transit Co., 102 Mo. App. 518, 77 S. W. 313; Twelkemeyer v. Transit Co., 102 Mo. 190, 76 S. W. 682; Kolb v. Transit Co., 102 Mo. App. 143,…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The demurrer to the evidence is not worthy of discussion. *660Plaintiff made ont not only a prima facie case but a very strong one, so strong that no sane court would take it away from tbe jury.
2. Tbe refused instruction in respect to contributory negligence was fully covered by tbe one given on tbe same subject for defendant. A thing once said, if-well said, does not need repetition to give it emphasis, nor does a twice told proposition of law make the law more binding on the conscience of the jury.
3. An experienced carman was introduced by the plaintiff and, over…
2Cases cited4 opinions
- Bates v. HamiltonSupreme Court of Missouri · 1898
- Paddock v. LanceSupreme Court of Missouri · 1887
- Rumsey v. People's Railway Co.Supreme Court of Missouri · 1894
- Ramsey v. HendersonSupreme Court of Missouri · 1887
3Cited by5 opinions
- Begley v. ConnorSupreme Court of Missouri · 1962
- Shinn v. United Railways Co.Missouri Court of Appeals · 1910
- Trepp v. State National BankSupreme Court of Missouri · 1926
- Young v. WolffMissouri Court of Appeals · 1915
- Shinn v. United Railways Co.Missouri Court of Appeals · 1910