Giardina v. St. Louis & Meramec River Railroad
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhinney, Judge. The question is — and it is practically the sole question in this case — was plaintiff guilty of contributory negligence when he relied on defendant’s rule and 'custom to ring a gong, when* a moving car approaches and passes a standing car? Does the law impose upon one so situated as was the plaintiff at the time of this accident to do more than he did to ascertain if a car was approaching?…
Read the full summary
Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhinney, Judge. The question is — and it is practically the sole question in this case — was plaintiff guilty of contributory negligence when he relied on defendant’s rule and 'custom to ring a gong, when* a moving car approaches and passes a standing car? Does the law impose upon one so situated as was the plaintiff at the time of this accident to do more than he did to ascertain if a car was approaching? Appellant holds that he did all the law requires him to do under the circumstances. Geitz v. Railroad, 72 Wis. 307 (cited in…
1Opinion of the CourtValliant, J.
— Plaintiff received personal injuries by coming in collision with a street car on defendant’s railroad in St. Louis, and brings this suit to recover damages, alleging that the accident was the result of the defendant’s negligence.
At the close of the plaintiff’s evidence the court gave the jury a peremptory instruction to find for the defendant, and the jury rendered a verdict in accordance with the instrutcion. From the judgment on that verdict the plaintiff appeals.
The evidence for the plaintiff tended to prove as follows:
Manchester avenue runs east and west; Barron avenue crosses it…
2Cited by12 opinions
- Hornstein v. United Railways Co.Supreme Court of Missouri · 1906
- Thompson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
- Paul v. United Railways Co.Missouri Court of Appeals · 1911
- Wilson v. WellsSupreme Court of Missouri · 1929
- Deane v. St. Louis Transit Co.Supreme Court of Missouri · 1906
7 more not listed; retrieve them via the Exa API.