Klockenbrink v. St. Louis & Meramec River Railroad
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) If plaintiff’s negligence ‘ ‘ directly contributed to produce the injury, ’ ’ he can not recover; and the trial court erred in declaring a different rule of law by the tenth instruction to the jury. It is only where plaintiff’s negligence is “previous” or “remote” or “secondary” that the principle illustrated by Davies v. Mann, 10 M. & "W. 546, becomes applicable.
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Transferred from St. Louis Court of Appeals. (1) If plaintiff’s negligence ‘ ‘ directly contributed to produce the injury, ’ ’ he can not recover; and the trial court erred in declaring a different rule of law by the tenth instruction to the jury. It is only where plaintiff’s negligence is “previous” or “remote” or “secondary” that the principle illustrated by Davies v. Mann, 10 M. & "W. 546, becomes applicable. The law is positive, in Missouri and elsewhere, that where plaintiff’s negligence directly contributes to his injury he can not recover. 7 Am. and Eng. Ency. Law (2 Ed.), 373; Moore…
1Opinion of the CourtGantt, P. J.
Action for personal injuries. Suit commenced November 19,1898. Amended petition filed March 15, 1899. The petition, as amended, states that defendant is a railroad corporation organized under the laws of this State and was on July 19, 1898, operating its railroad over and along the streets and highways of Webster Groves, a town in St. Louis county. That on that day plaintiff was driving a large stake wagon, to which was attached two horses, over and along a highway in St. Louis county, to-wit, Lockwood avenue, in said town of Webster Groves, going in an easterly direction; that one of…
2Cases cited15 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Theobald v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Graefe v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Cook v. Pulitzer Publishing Co.Supreme Court of Missouri · 1912
- Markowitz v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
48 more not listed; retrieve them via the Exa API.