Peperkorn v. St. Louis Transfer Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence, because defendant’s negligence as charged (a failure to warn) was not the proximate cause of deceased’s injuries; it conclusively appearing that deceased knew of the presence and approach of the cars which it is alleged struck and killed him.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence, because defendant’s negligence as charged (a failure to warn) was not the proximate cause of deceased’s injuries; it conclusively appearing that deceased knew of the presence and approach of the cars which it is alleged struck and killed him. Davies v. Railroad, 136 S. W. 720. (2) The court erred in overruling defendant’s demurrer to the evidence, because there is no causal connection established by the evidence between deceased’s death and defendant’s…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— This class of cases has been so frequently before our appellate courts that it would seem that the principles governing them and which should control in their determination have been so thoroughly discussed that an elaborate examination of the authorities is no longer necessary. Speaking broadly of the testimony in the case, it may be said of it that it was not subject to demurrer. It was sufficient to require a submission of the cause to the jury, and to sustain the verdict.
As observed by the learned counsel for appellant, counsel for respondent, while bringing…
2Cases cited10 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Goransson v. Riter-Conley Manufacturing Co.Supreme Court of Missouri · 1905
- Grube v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Merz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
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3Cited by3 opinions
- Holmes v. Protected Home CircleMissouri Court of Appeals · 1918
- Barker v. Creek Coal & Min. Co.Supreme Court of Oklahoma · 1920
- Vormehr v. Knights of the Maccabees of the WorldMissouri Court of Appeals · 1918