Krehmeyer v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhinney, Judge. (1) The court erred in giving instructions 1, 2 and 3, which, directed a verdict for plaintiff if the jury believed the car in question was operated at a negligent rate of speed, when plaintiff asked and was given an instruction 4, permitting the jury to return a verdict for him under the “Last Chance” Doctrine, which of necessity admitted that his own negligence contributed to create his position…
Read the full summary
Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhinney, Judge. (1) The court erred in giving instructions 1, 2 and 3, which, directed a verdict for plaintiff if the jury believed the car in question was operated at a negligent rate of speed, when plaintiff asked and was given an instruction 4, permitting the jury to return a verdict for him under the “Last Chance” Doctrine, which of necessity admitted that his own negligence contributed to create his position of peril and, therefore, barred a recovery by him on the ground of defendant’s primary negligence in running the car at…
1Opinion of the CourtWoodson, J.
I have adopted the statement of the case as made by Valliant, J., in his opinion delivered in Division One, which is as follows:
Plaintiff recovered a judgment for $15,000 against both the defendants as damages for personal injuries suffered by him in consequence of a wagon, in which he was riding as driver of the team of horses, being struck by a street car which was being operated at the time by the St. Louis Transit Company, on a street railway track belonging to the United Railways Company. Prom that judgment both defendants have appealed.
The petition charges that the defendants owned and…
2Cases cited10 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Alabama Power Co. v. McIntoshSupreme Court of Alabama · 1929
- Rogers v. JeffersonSupreme Court of Iowa · 1937
- Moon v. St. Louis Transit Co.Supreme Court of Missouri · 1912
- Treadway v. United Railways CompanySupreme Court of Missouri · 1923
- Taylor v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1914
25 more not listed; retrieve them via the Exa API.