Legal Opinion

Holden v. Missouri Railroad

Supreme Court of Missouri

Decided November 17, 1903PublishedCited by 23 opinions

Appeal from St. Louis City Circuit Court. — if o». P. R. Flitcraft, Judge. (1) The court should have given the peremptory instruction - requested by the defendant at the close of the whole case, for the reason that under the undisputed facts a clear case of contributory negligence was made out against the driver of the wagon, and through him against the plaintiff. (2) The only criticism which can be made of defendant’s first instruction is that it is improperly punctuated.

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Appeal from St. Louis City Circuit Court. — if o». P. R. Flitcraft, Judge. (1) The court should have given the peremptory instruction - requested by the defendant at the close of the whole case, for the reason that under the undisputed facts a clear case of contributory negligence was made out against the driver of the wagon, and through him against the plaintiff. (2) The only criticism which can be made of defendant’s first instruction is that it is improperly punctuated. However, the sense of the instruction is perfectly clear. This instruction merely states the plain rule of contributory…

1Opinion of the CourtFox, J.

In this action the plaintiff sues to recover damages on account of injuries alleged to have been sustained on the 4th day of December, 1897, through a collision between ■ defendant’s car and a wagon in which he was riding.

The action was originally instituted against both the Missouri Railroad Company and the Forest Park, Laclede & Fourth Street Railway Company, but, before trial, a dismissal was entered as to the Forest Park, Laclede & Fourth Street Railway Company, and the action continued against the Missouri Railroad Company alone.

The Missouri Railroad Company, at the time in question,…

2Cases cited1 opinion

  1. Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891

3Cited by23 opinions

  1. Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
  2. Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
  3. Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  4. Hubbard v. BartholomewSupreme Court of Iowa · 1913
  5. State Ex Rel. Vogt v. ReynoldsSupreme Court of Missouri · 1922

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