Deane v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. H. D. Wood, Judge. The court erred in refusing the instruction in the nature of a demurrer to the evidence, offered by the defendant at the close of the plaintiff’s case, and renewed at the close of all the evidence in the case. The plaintiff’s husband was a man of mature years, in full possession of all his mental and physical faculties, well acquainted with the manner of operating cars at the place of the accident.
Read the full summary
Appeal from St. Louis City Circuit Court. — How. H. D. Wood, Judge. The court erred in refusing the instruction in the nature of a demurrer to the evidence, offered by the defendant at the close of the plaintiff’s case, and renewed at the close of all the evidence in the case. The plaintiff’s husband was a man of mature years, in full possession of all his mental and physical faculties, well acquainted with the manner of operating cars at the place of the accident. He went upon or so near the east-bound track as to come in collision with the car, without having looked or listened for the…
1Opinion of the CourtMarshall, J.
This is an action, under the statute, to recover $5,000 for the death of the plaintiff’s husband, on the 20th of May, 1901, occasioned, it is alleged, by the negligent running of the defendant’s car, at the intersection of Finney avenue and Whittier street, in the city of St. Louis. There was a verdict and judgment for the plaintiff for $5,000, and the defendant appealed.
THE ISSUES.
The petition is ‘very voluminous, but the gist of the negligence charged is, that the agents of the defendant failed to stop the car in time to avoid the injury to the deceased, after the danger was known to them,…
2Cases cited4 opinions
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Giardina v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1904
- Zumault v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1903
3Cited by7 opinions
- Hoelker v. American PressSupreme Court of Missouri · 1927
- Rodgers v. St. Louis Transit Co.Missouri Court of Appeals · 1906
- Demaet v. Fidelity Storage, Packing & Moving Co.Missouri Court of Appeals · 1906
- Reynolds v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1922
- Ross v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
2 more not listed; retrieve them via the Exa API.