Fanning v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Charles County Circuit Court. — Row. Elliott M. Hughes, Judge. (1) The demurrer to the plaintiff’s evidence should .have been sustained. The plaintiff’s attention was directed to the car by the explosion of the bomb under it, while she was on the sidewalk.
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Appeal from St. Charles County Circuit Court. — Row. Elliott M. Hughes, Judge. (1) The demurrer to the plaintiff’s evidence should .have been sustained. The plaintiff’s attention was directed to the car by the explosion of the bomb under it, while she was on the sidewalk. She then turned across the street and on to the track, paid no attention to the car after she left the sidewalk until she got to the middle of the track, and then looked and saw that the car was right on her. The duty to look was a continuing one, and not to look from the time she left the sidewalk until she reached the…
1Opinion of the CourtBland, P. J.
(after stating the facts as above). —1. Defendant, as is usual in this class of cases, offered peremptory instructions at the close of plaintiff’s evidence an.d again at the close of all the evidence, that under the evidence plaintiff could not reoover, which instructions the court refused.
Plaintiff testified that her attention was called to the car by the explosion of the torpedo; that she was then fifteen or twenty feet from the crossing, and the -ear was two hundred feet east of her; that without paying any further attention to the car she walked on the crossing, turned south and proceeded…
2Cases cited10 opinions
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Turner v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Butts v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
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3Cited by2 opinions
- Heintz v. St. Louis Transit Co.Missouri Court of Appeals · 1906
- Markovich v. Kansas City Public Service Co.Supreme Court of Missouri · 1954