Carney v. United Railways Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Charles B. Davis, Judge. (1) Where the undisputed facts relied upon to establish contributory negligence are such as may in the judgment of sensible men lead to very different conclusions, as to whether they establish contributory negligence or want of care, the jury is the tribunal to determine. the question.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Charles B. Davis, Judge. (1) Where the undisputed facts relied upon to establish contributory negligence are such as may in the judgment of sensible men lead to very different conclusions, as to whether they establish contributory negligence or want of care, the jury is the tribunal to determine. the question. Norton v. Ittner, 56 Mo. 351; Mauerman v. Siemerts, 71 Mo. 101; Petty v. Railroad, 88 Mo. 306-315; Gratiot v. Railroad, 116 Mo. 466; Paden v. Van Blarcom, 181 Mo. 117, 128'; Eberly v. Ry. Co., 96 Mo. App. 361, 368; Shamp v.…
1Opinion of the CourtAllen, J.
This is an action for damages on account of personal injuries alleged to have been sustained by plaintiff by reason of the negligence of the defendant, a street railway company. The petition is in two counts. In the first count it is alleged, in substance, that on August 8, 1916, plaintiff was a passenger upon one of defendant’s east bound street cars on its “Maryland Avenue” line, in the City of St. Louis; that the street car proceeded eastwardly to Fourth street, where it turned north into the latter street and proceeded northwardly ón that street to a point near the intersection of Fourth…
2Cases cited14 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- State v. FaulknerSupreme Court of Missouri · 1903
- Standard Fire Insurance v. SmithhartCourt of Appeals of Kentucky · 1919
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1896
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3Cited by8 opinions
- In Re SelserSupreme Court of New Jersey · 1954
- Seventh District Committee v. GunterSupreme Court of Virginia · 1971
- Exxon Corp. v. DEPARTMENT OF CONSERVATION AND NATURAL RES.Supreme Court of Alabama · 2003
- Nadler v. Warner CompanySupreme Court of Pennsylvania · 1936
- Commonwealth v. MaguiganSupreme Court of Pennsylvania · 1986
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