Roenfeldt v. St. Louis & Suburban Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhinney, Judge. The court erred in refusing to give, at the close of plaintiff’s evidence and at the close of all the evidence, an instruction in the nature of a demurrer to the evidence, asked by defendant: (a) Because there was no evidence of any negligence on the part of defendant.
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Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhinney, Judge. The court erred in refusing to give, at the close of plaintiff’s evidence and at the close of all the evidence, an instruction in the nature of a demurrer to the evidence, asked by defendant: (a) Because there was no evidence of any negligence on the part of defendant. State v. Brooks, 99 Mo. 137; Peary v. Railroad, 162 Mo. 75; Erwin v. Railroad, 68 S. W. 91; Holmes v. Lédding, 69 S. W. 323. (b) • Because the evidence shows conclusively that the injuries complained of by plaintiff were directly due to his own…
1Opinion of the Court
• VAULT A NT, J.
Plaintiff was driving in a w’agon along Twentieth street, crossing the tracks of defendant’s street railroad at the intersection of Twentieth and Wash streets, when his wagon was struck by a car of defendant- and he was thrown out and received injuries. This suit is to recover damages for these injuries.
The petition alleges that the defendant negligently caused its car to collide with the wagon and that the defendant’s servants in charge of the car saw, or by the exercise of ordinary care could have- seen, “the plaintiff as he was crossing Wash street and as he approached said…
2Cases cited1 opinion
- Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
3Cited by24 opinions
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- Independent Cotton Oil Co. v. BeachamSupreme Court of Oklahoma · 1911
- Petty Et Ux. v. ClarkUtah Supreme Court · 1948
- Illinois Life Insurance v. PrentissIllinois Supreme Court · 1917
- Morin v. BeckerSupreme Court of New Jersey · 1951
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