Reno v. St. Louis & Suburban Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. D. D. ■ Fisher, Judge. (1) The court erred in refusing’ to give the instruction in the nature of a demurrer to the evidence asked by defendant at the close of all the evidence. This instruction should have been given: (a) Because the evidence shows conclusively that plaintiff, in stepping upon defendant’s track, immediately in front of an approaching car, was guilty of contributory negligence.
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Appeal from St. Louis City Circuit Court. — How. D. D. ■ Fisher, Judge. (1) The court erred in refusing’ to give the instruction in the nature of a demurrer to the evidence asked by defendant at the close of all the evidence. This instruction should have been given: (a) Because the evidence shows conclusively that plaintiff, in stepping upon defendant’s track, immediately in front of an approaching car, was guilty of contributory negligence. Payne v. Railroad, 136 Mo. 534; Yancey v. Railroad, 93 Mo. 435; Kelsey v. Railroad, 129 Mo. 369; Lenix v. Railroad, 76 Mo. 86; Culbertson v.r Railroad,…
1Opinion of the CourtRobinson, J.
This is an action to recover damages for personal injuries, alleged in the petition to have been received by the plaintiff in consequence of the negligence of the defendant in running its street cars at a high and reckless rate of speed, and in excess of that allowed by the ordinances of the city of St. Louis, and without ringing the bell, sounding the gong, or giving any warning of the cars’ approach that ran over and injured plaintiff. The petition further charges that the defendant violated the city ordinances requiring those in control of the movement of the cars to keep a vigilant…
2Cited by20 opinions
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Powers v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Bennett v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Deitring v. St. Louis Transit Co.Missouri Court of Appeals · 1905
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