Wallace v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Walter B. Douglas, Judge. (1) The court erred in giving instruction number 2 on behalf of plaintiff. The first objection to this instruction is, that it permits a recovery, even though plaintiff’s negligence was “cotemporaneous and coincident with his injury.” Holwerson v. Railroad, 157 Mo. 257; Moore v. Railroad, 176 M'o. 528; Ries v. Transit Co., 179 Mo. 1; Reno v. Railroad, 180 Mo. 469; Beach, Cont.
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Appeal from St. Louis City Circuit Court. — Son. Walter B. Douglas, Judge. (1) The court erred in giving instruction number 2 on behalf of plaintiff. The first objection to this instruction is, that it permits a recovery, even though plaintiff’s negligence was “cotemporaneous and coincident with his injury.” Holwerson v. Railroad, 157 Mo. 257; Moore v. Railroad, 176 M'o. 528; Ries v. Transit Co., 179 Mo. 1; Reno v. Railroad, 180 Mo. 469; Beach, Cont. Neg., sec. 56; Cooley on Torts (2 Ed.), 813. The second objection to the instruction is, that there is no legal evidence to show that the car…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. At the close of all the evidence, defendant asked' an instruction in the nature of a demurrer to the evidence. The refusal of the court to grant this request is the first error assigned. It is very evident that plaintiff turned off the east track and drove on the west one, without looking or listening for a car on the latter track. His evidence, that he looked back but the salt barrel prevented him from seeing, is too absurd to be considered, and therefore, he convicted himself of negligence and no just or correct disposition can be made of the case without…
2Cases cited16 opinions
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Boyce v. Missouri Pacific RailroadSupreme Court of Missouri · 1902
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3Cited by5 opinions
- Christiansen v. St. Louis Public Service Co.Supreme Court of Missouri · 1933
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Allen v. Quercus Lumber Co.Missouri Court of Appeals · 1913
- Moudy v. St. Louis Dressed Beef & Provision Co.Missouri Court of Appeals · 1910
- Leach v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909