Frank v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. J. W. McElhinney, Judge. (1) If a witness who can see testifies that he looked and did not see an object which, if heTooked, he must have seen, such testimony is unworthy of consideration. Baltimore Traction Co. v. Helmes (Md.), 1 Am. Neg. Rep. 64-65. Such testimony in the face of the evidence and the physical facts in this ease has no probative force and does not raise a question of fact to be submitted to a jury.
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Appeal from St. Louis County Circuit Court. — Eon. J. W. McElhinney, Judge. (1) If a witness who can see testifies that he looked and did not see an object which, if heTooked, he must have seen, such testimony is unworthy of consideration. Baltimore Traction Co. v. Helmes (Md.), 1 Am. Neg. Rep. 64-65. Such testimony in the face of the evidence and the physical facts in this ease has no probative force and does not raise a question of fact to be submitted to a jury. “It will be disregarded as testimony by the court.” Hook v. Railroad, 162 Mo. 581 Kilsey v. Railroad, 129 Mo. 362; Hayden v.…
1Opinion of the CourtGoode, J.
The appellant’s street car collided with a two-horse wagon on which the plaintiff was sitting, at the intersection of Victor and Ninth streets in the city of St. Louis, October 30, 1899. The accident occurred early in the morning between half past six *327and seven o’clock, while the plaintiff was driving the wagon loaded with lumber eastward on Victor street.
The evidence shows Victor street runs east and west and Ninth street north and south; also that there was a curve in Ninth street about one hundred and fifty feet below the crossing of the two streefs, so that one •driving on to Ninth from…
2Cases cited14 opinions
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Stepp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Tetherow v. St. Joseph & Des Moines RailroadSupreme Court of Missouri · 1888
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3Cited by3 opinions
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
- Fassbinder v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1907
- Byars v. Wabash RailroadMissouri Court of Appeals · 1911