Roper v. Greenspon
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William N. Kinsey, Judge. (1) The facts in this ease show that plaintiff was guilty of contributory negligence as a matter of law, and therefore the court erred in refusing to give defendants’ instruction in the nature of a demurrer to the evidence at the close of plaintiff’s case and again at the close of the entire case. Solomon v. Duncan, 185 S. W. (Mo. App.) 1141; Lorenz v. Tisdale, 127 N. Y. App.
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Appeal from St. Louis City Circuit Court. — Hon. William N. Kinsey, Judge. (1) The facts in this ease show that plaintiff was guilty of contributory negligence as a matter of law, and therefore the court erred in refusing to give defendants’ instruction in the nature of a demurrer to the evidence at the close of plaintiff’s case and again at the close of the entire case. Solomon v. Duncan, 185 S. W. (Mo. App.) 1141; Lorenz v. Tisdale, 127 N. Y. App. Div. 433; Rebillard v. Railroad, 216 Fed. 503; Const. Co. v. White, 130 Tenn. 520; Ry. Co. v. Vangilder, 132 Tenn. 487; Lauson v. Fond du Lac,…
1Opinion of the CourtGraves, C. J.
This case reaches us upon a certification by the St. Louis Court of Appeals. Lengthy opinions upon both sides of the conceived vital questions appear.
The action is one for personal injuries, alleged to have been occasioned by the negligence of defendants. The petition counts upon both ordinance and common law negligence, in this language: “Plaintiff for his cause of action states that on or about the fourteenth of July, 1912, at about nine-forty-five p. m., between sunset and sunrise, plaintiff being then and there a chauffeur in the employ of *293and driving a taxicab for the St. Louis Taxicab…
2Cases cited1 opinion
- Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
3Cited by32 opinions
- Buchanan v. RoseTexas Supreme Court · 1942
- Hays v. HoganSupreme Court of Missouri · 1917
- Marshall v. Kansas CitySupreme Court of Missouri · 1962
- Thompson v. Byers Transportation Co.Supreme Court of Missouri · 1951
- Frank v. Wabash Railroad CompanySupreme Court of Missouri · 1956
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