American Automobile Insurance v. United Railways Co. of St. Louis
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Kent K. Koerner, Judge. . (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence requested by defendant, for the reason the chauffeur was guilty of contributory negligence as a matter of law in driving upon the track immediately in front of a moving car without looking. Stotler v. C. & A. Ry. Co., 204 Mo. 619, 639; Laun v. St. L. & S. ,F. R..
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Kent K. Koerner, Judge. . (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence requested by defendant, for the reason the chauffeur was guilty of contributory negligence as a matter of law in driving upon the track immediately in front of a moving car without looking. Stotler v. C. & A. Ry. Co., 204 Mo. 619, 639; Laun v. St. L. & S. ,F. R.. Co., 216 Mo. 563. (2) Plaintiff’s instruction No. 1, based on the theory that the motorman failed to comply with the ordinance to stop his car…
1Opinion of the CourtAllen, J.
— This is an action to recover for damage to an automobile by reason of being struck by one of defendant’s street cars in the city of St. Louis. The .automobile belonged to one Bemis and was being driven by his chauffeur at the time of the casualty. Plaintiff, an insurance company, had previously insured the automobile against loss or damage by collision, and having, under its policy, paid the owner $1000 for the loss thus sustained by him, sues as the assignee oí the cause of action. There was a verdict and *323judgment for plaintiff in the sum of $1000, and defendant appeals.
The petition, after…
2Cases cited8 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Murray v. St. Louis Transit Co.Supreme Court of Missouri · 1903
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Laun v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Peterson v. United Railways Co.Supreme Court of Missouri · 1917
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3Cited by4 opinions
- Romandel v. Kansas City Public Service Co.Supreme Court of Missouri · 1953
- Collier v. St. Louis Public Service CompanyMissouri Court of Appeals · 1957
- Latham v. HoschMissouri Court of Appeals · 1921
- Alexander v. Springfield Traction Co.Missouri Court of Appeals · 1923