Moore v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. Daniel D. Fisher, Judge. . (1) Tlie court erred in submitting the .casé to the jury on the theory that the motorman violated the provisions of the “Vigilant Watch Ordinance,” inasmuch as the evideneé discloses that the car could not have been stopped in. time to avert the injury, after the motorman could have observed decedent approaching the track.
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Appeal from St. Louis City Circuit Court. — lion. Daniel D. Fisher, Judge. . (1) Tlie court erred in submitting the .casé to the jury on the theory that the motorman violated the provisions of the “Vigilant Watch Ordinance,” inasmuch as the evideneé discloses that the car could not have been stopped in. time to avert the injury, after the motorman could have observed decedent approaching the track. Roenfeldt v. Railroad, 180 Mo. 554; Boyd v. Railroad, 105- Mo. 371; Ries v. Transit Co., 179 Mo. 1; Dey v. Railroad, .140 Mo. App. 461; Fellenz v. Transit Co., 106 Mo. App. 154. (2) The verdict is…
1Opinion of the CourtAllen, J.
This is an action prosecuted bv plaintiff for damages for the death of his wife, alleged to have been occasioned by the negligence of the defendants. There was a verdict and judgment below for plaintiff and the defendants prosecute the appeal.'
As tried below, a very important issue related to the relation existing between these two appellants, to-wit, the United Railways Company and the St. Louis Transit Company; respondent charging a joint operation of the street railway involved, and consequent joint liability for the casualty upon which plaintiff’s cause of action is based. This matter,…
2Cases cited9 opinions
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Rinard v. Omaha, Kansas City & Eastern Railway Co.Supreme Court of Missouri · 1901
- Ruth v. McPhersonMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Argeropoulos v. Kansas City Railways Co.Court of Appeals of Kansas · 1919
- Pennington v. Kansas City Railways Co.Supreme Court of Missouri · 1920
- Draper v. Kansas City Railways Co.Missouri Court of Appeals · 1918