Moffatt v. Link
Missouri Court of Appeals
Appeal from the Webster Circuit Court. — Hon. G. H. Shmker, Judge. (1). The plaintiff was guilty of negligence in leaving the sidewalk and walking several hundred feet out in the roadway of the street on a very dark night and without once looking back, when to look was to see the lights of the approaching automobile, and without paying any heed or attention to her surroundings, or to her own safety.
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Appeal from the Webster Circuit Court. — Hon. G. H. Shmker, Judge. (1). The plaintiff was guilty of negligence in leaving the sidewalk and walking several hundred feet out in the roadway of the street on a very dark night and without once looking back, when to look was to see the lights of the approaching automobile, and without paying any heed or attention to her surroundings, or to her own safety. She knew that automobiles, jitneys and street cars frequently ran on this street both day and night, and plaintiff testified that she never looked back after she went into the roadway. Her…
1Opinion of the CourtBradley, J.
At a prior term we affirmed the judgment in this cause, but granted a rehearing. Plaintiff sued to recover damages' sustained by defendant running her down with his automobile in a public street in the city of Springfield, Missouri. Plaintiff recovered and defendant prosecutes this appeal.
The acts of negligence alleged are: (1) That defendant when approaching plaintiff failed to keep a vigilant watch for persons traveling on the street; (2) that defendant was operating his automobile at a great and dangerous rate of speed; (3) that the automobile was being operated in the nighttime and while…
2Cases cited11 opinions
- Theobald v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Howard v. Scarritt Estate Co.Supreme Court of Missouri · 1916
- Williams v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1914
- Carradine v. FordMissouri Court of Appeals · 1916
- Felver v. Central Electric Railway Co.Supreme Court of Missouri · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ritter v. HicksWest Virginia Supreme Court · 1926
- Dauber v. JosephsonMissouri Court of Appeals · 1922
- Flach v. BallMissouri Court of Appeals · 1922
- Reynolds v. Grain Belt Mills Co.Missouri Court of Appeals · 1934
- Glenn v. OffuttMissouri Court of Appeals · 1958
5 more not listed; retrieve them via the Exa API.