Foy v. United Railways Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon, Wilson A. Taylor, Judge. (1) The court should have given defendant’s demurrer requested by it at the close of plaintiff’s case, because the negligence of her son and servant, the chauffeur, which is imputed by the law to her, was such as to render plaintiff guilty of contributory negligence as a matter of law and precludes her recovery, (a) The negligence of plaintiff’s son, driving her in her automobile, is her…
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Appeal from the Circuit Court of the City of St. Louis. —Hon, Wilson A. Taylor, Judge. (1) The court should have given defendant’s demurrer requested by it at the close of plaintiff’s case, because the negligence of her son and servant, the chauffeur, which is imputed by the law to her, was such as to render plaintiff guilty of contributory negligence as a matter of law and precludes her recovery, (a) The negligence of plaintiff’s son, driving her in her automobile, is her negligence, and if she is injured or damaged as a result of the negligence of her son, in so acting, contributing to such…
1Opinion of the Court
A suit for damages to the person and property of plaintiff alleged to have been caused by the negligence of the defendant in operating one of its street cars. The plaintiff's automobile truck was damaged and she received personal injuries as a result of a collision of the automobile with the street car at the corner of Olive street and Theresa avenue. The truck at the time was being driven by plaintiff's son, Mathew Foy, and it is conceded that he was acting as plaintiff's agent, and that his acts are imputable to her.
The negligence specified is: (1) A violation of the Vigilant Watch…
2Cases cited10 opinions
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
- Strauchon v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Monroe v. Chicago & Alton Railroad Co.Supreme Court of Missouri · 1920
- Moon v. St. Louis Transit Co.Supreme Court of Missouri · 1911
- Huff v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fantin v. LW Hays, Inc.Supreme Court of Missouri · 1951