Legal Opinion

Hutchinson v. St. Louis & Meramec River Railroad

Missouri Court of Appeals

Decided April 9, 1901PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. John A. Tatty, Judge. STATEMENT OE THE CASE. Tbe plaintiff was injured by a car of tbe defendant company at tbe crossing of Barron and Manchester avenues in St. Louis. From Kings Highway to said crossing is about one-fourtb of a njile; the track is straight and tbe view unobstructed tbe whole distance.

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Appeal from St. Louis City Circuit Court. — Hon. John A. Tatty, Judge. STATEMENT OE THE CASE. Tbe plaintiff was injured by a car of tbe defendant company at tbe crossing of Barron and Manchester avenues in St. Louis. From Kings Highway to said crossing is about one-fourtb of a njile; the track is straight and tbe view unobstructed tbe whole distance. Tbe grade dips slightly from Kings Highway westward to a bridge on Manchester avenue, and from there to the crossing, one hundred and fifty yards further, is level. The ear approached the plaintiff from behind, as he was driving west in a…

1Opinion of the CourtGoode, J.

Tbe general principle on which tbe case was referred to tbe jury, commonly styled tbe humane doctrine, is well supported by authorities. It is accepted in some form in most of tbe State and Federal jurisdictions. So far as this court is concerned, tbe rule is no 'longer debatable. All uncertainty about it being a substantive part of tbe law of torts has been set at rest by recent deliberate pronouncements of tbe Supreme Court. Tbe authority of tbe rule is not impugned by tbe learned counsel for tbe appellant, who only insist that it is inapplicable to tbe cause in band on account of tbe…

2Cases cited8 opinions

  1. Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
  2. Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  3. Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
  4. Reardon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
  5. Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Kolb v. St. Louis Transit Co.Missouri Court of Appeals · 1903
  2. Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
  3. Baxter v. St. Louis Transit Co.Missouri Court of Appeals · 1903
  4. Deitring v. St. Louis Transit Co.Missouri Court of Appeals · 1905
  5. Meyers v. St. Louis Transit Co.Missouri Court of Appeals · 1903

2 more not listed; retrieve them via the Exa API.

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