Kelley v. Union Railway & Transit Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Barclay, J. 'The plaintiff’s knowledge of the approach, oi the train and his failure to get out of its way will prevent his recovery, although the defendant failed to ring the bell and to have a watchman on the lookout. Drain v. R. R., 10 Mo. App. 531; O’ Donnel v. R. R., 7 Mo.
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Appeal from the St. Louis Circuit Court, Barclay, J. 'The plaintiff’s knowledge of the approach, oi the train and his failure to get out of its way will prevent his recovery, although the defendant failed to ring the bell and to have a watchman on the lookout. Drain v. R. R., 10 Mo. App. 531; O’ Donnel v. R. R., 7 Mo. App. 190 ; Henze v. R. R., 71 Mo. 636; Fletcher v. R. R., 64 Mo. 484; Harlan v. R. R., 65 Mo. 22; Zimmerman v. R. R., 71 Mo. 476; Hallihan v. R. R., 71 Mo. 113; Rains v. R. R., 71 Mq. 164; Nelson v. R. R., 68 Mo. 593; Nolan n. Shiclde, 69 Mo. 336; Maher v. R. R., 64 Mo. 267;…
1Opinion of the CourtThompson, J.
This is the same case which was before us on a former appeal, and is reported in 11 Missouri Appeals 1. It is not necessary to re-state the facts of the case at length, because on the trial from which this appeal is taken they were substantially the same as on that trial, with exceptions which will be noted. The plaintiff had a verdict and judgment for $2000.00.
I. The first question is, whether there was-a case to go to the jury. It is manifest from the testimony of the plaintiff as given in full in the present bill of exceptions, that, since the former trial, he had become very well educated…
2Cases cited5 opinions
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Rains v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1879
- Eckert v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1883
- Merz v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1883
3Cited by6 opinions
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1903
- Dlauhi v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
- Burns v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Hudson v. Wabash & Western Railway Co.Missouri Court of Appeals · 1888
- Miller v. St. Louis Public Service Co.Missouri Court of Appeals · 1964
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