McAndrews v. St. Louis & Suburban Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hind, Judge. (1) The court should have given the instruction asked for by the defendant, both at the close of the plaintiff’s and of the whole evidence in the case, in the nature of a demurrer.
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Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hind, Judge. (1) The court should have given the instruction asked for by the defendant, both at the close of the plaintiff’s and of the whole evidence in the case, in the nature of a demurrer. The plaintiff’s own evidence showed that he did not look or listen before going upon the track, 'although he had been driving alongside of it fox from five to six blocks, and had not noticed any car go by, and therefore should have expected that one was near at hand. His own evidence also showed that, after going on the track raider…
1Opinion of the CourtBond, J.
Action for personal injuries to plaintiff and damage to his wagon and team, caused by a collision with a street railway operated in the city of St. Louis. The answer was a general denial, and a plea of contributory negligence. Plaintiff had judgment for $500. .Defendant appealed.
Plaintiff was a teamster engaged in the business of hauling goods for merchants in the city. On the twenty-ninth of July, 1896, while so employed, he drove upon Wash street, one of the main thoroughfares of this city running east and west, whereon a double track was laid for the use of defendant. Plaintiff approached…
2Cases cited4 opinions
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
- Sanders v. Southern Electric Railway Co.Supreme Court of Missouri · 1898
- Cooney v. Southern Electric Railway Co.Missouri Court of Appeals · 1899
- O'Keefe v. St. Louis & Suburban RailroadMissouri Court of Appeals · 1899
3Cited by4 opinions
- Locke v. Puget Sound International Railway & Power Co.Washington Supreme Court · 1918
- Kolb v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Cerrano v. Portland Ry. Light & Power Co.Oregon Supreme Court · 1912
- Meyers v. St. Louis Transit Co.Missouri Court of Appeals · 1903