Scullin v. Wabash Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. Jacob Klein, Judge. (1) The doctrine announced in the opinion in the case of Holwerson v. Railroad, 157 Mo. 216, has been repudiated. Morgan v. Railroad, 159 Mo. 262. (2) Plaintiff was entitled to go to the jury.
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Appeal from St. Louis City Circuit Court. — Row. Jacob Klein, Judge. (1) The doctrine announced in the opinion in the case of Holwerson v. Railroad, 157 Mo. 216, has been repudiated. Morgan v. Railroad, 159 Mo. 262. (2) Plaintiff was entitled to go to the jury. Weller v. Railroad, 164 Mo. 180. The exception to the rule that if the plaintiff is guilty of contributory negligence he cannot recover, i. e., that notwithstanding the fact that the plaintiff is guilty of contributory negligence yet if the defendant saw or by the exercise of ordinary care could have seen the position of danger in…
1Opinion of the CourtGantt, P. J.
This is an appeal from an order of the circuit court of St. Louis granting the defendant a new trial. The action was for damages for personal injuries sustained by the plaintiff and alleged to have *699been caused by tbe negligence of defendant. Tbe evidence was substantially as follows:
About 9:30 in the morning of May 11, 1899, the plaintiff, a young man, was in the employment of the Wiggins Ferry Company, in the city of St. Louis. He started to' walk from Mound street, in the northern part of the city, south to Market street, a distance of some twenty blocks, for the purpose of reaching the…
2Cases cited12 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
- Scullin v. Wabash RailroadSupreme Court of Missouri · 1905
- Waddell v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
- Rapp v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Louisville & Nashville R. R. v. MeltonCourt of Appeals of Kentucky · 1907
8 more not listed; retrieve them via the Exa API.