Irwin v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) A demurrer to the evidence admits as true every inference that may be reasonably deduced therefrom inference that may be reasonably deduced therefrom. Strauchon v. Street Railway Co., 232 Mo. 587, 595. (2) The case should have been submitted to the jury.
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Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) A demurrer to the evidence admits as true every inference that may be reasonably deduced therefrom inference that may be reasonably deduced therefrom. Strauchon v. Street Railway Co., 232 Mo. 587, 595. (2) The case should have been submitted to the jury. The evidence tended to prove that defendant was negligent in at least two respects; one, in operating its car at excessive speed; and, two, in failing to keep a vigilant watch and to stop its car upon the first appearance of danger to plaintiff. Strauchon v. Street…
1Opinion of the CourtBecker, J.
In our statement of facts we are adopting the statement of appellant practically in toto.
This is a suit for damages for personal injuries alleged to have been sustained by plaintiff being thrown to the ground, and injured as a result of the rim of the right hind wheel of the wagon, in which plaintiff was riding, being struck by a street car owned and operated by the defendant company. The alleged injuries were sustained on May 24, 1913, about midnight.
The plaintiff’s petition makes the following assignments of negligence: :
“That defendant’s servants in charge of said car failed to keep a…
2Cases cited4 opinions
- Williams v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1914
- Strawbridge v. Standard Fire InsuranceMissouri Court of Appeals · 1916
- Murray v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Heintz v. St. Louis Transit Co.Missouri Court of Appeals · 1906