Meng v. St. Louis & Suburban Railway Co.

(after stating the facts). — 1. The question conspicuous at the threshold of an examination of the ease, and earnestly and diligently discussed by respondent, is the right of plaintiff to have the case submitted to the jury by the denial of the customary imperative instruction tendered at close of plaintiff’s testimony. Defendant’s contention being that as the colliding car was in plain view and within a short dis*560tance, it was manifestly impossible, if in the proper exercise of his senses of sight and hearing, the plaintiff could have escaped warning of its approach and in attempting to pass…