Lee v. Jones
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals.- (1) The court erred in submitting this cause to the jury: (a) Because there was no substantial evidence of negligence on the part of defendant. Payne v. Railroad, 136 Mo. 562; Schmitz v. Railroad, 46 Mo. App. 387; Pueschell v. Iron Works, 79 Mo. App-. 464; Lien v. Railroad, 79 Mo. App. 479; Spohn v. Railroad,-87 Mo. 84; State v. Nelson, 118 Mo. 124; Empey v. Railroad, 45 Mo. App. 422; Lionberger v. Pohlman, 16 Mo.
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Transferred from St. Louis Court of Appeals.- (1) The court erred in submitting this cause to the jury: (a) Because there was no substantial evidence of negligence on the part of defendant. Payne v. Railroad, 136 Mo. 562; Schmitz v. Railroad, 46 Mo. App. 387; Pueschell v. Iron Works, 79 Mo. App-. 464; Lien v. Railroad, 79 Mo. App. 479; Spohn v. Railroad,-87 Mo. 84; State v. Nelson, 118 Mo. 124; Empey v. Railroad, 45 Mo. App. 422; Lionberger v. Pohlman, 16 Mo. App. 392; Walton v. Railroad, 49 Mo. App. 620; Powell v. Railroad, 76 Mo. 84; Commissioners v. Clark, 94 U. S. 284; Avery v.…
1Opinion of the CourtValliant, J.
The petition states that the plaintiff, a boy.nine years old, was lawfully on Cardinal *294avenue, a public street in St. Louis, on July 20, 1895, and the defendant “negligently rode and drove a bicycle, on which he was mounted, violently and with great speed and force against the plaintiff’s face and jaw,” and thereby inflicted certain injuries, for which he asks dámages.
The answer is a general denial, followed by a detailed statement going to show that the accident was not caused by any act of the defendant but by the negligent act of the. plaintiff running against the defendant’s bicycle…
2Cases cited5 opinions
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Sherman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Carvin v. City of St. LouisSupreme Court of Missouri · 1899
- Pueschell v. Kansas City Wire & Iron WorksMissouri Court of Appeals · 1899
3Cited by12 opinions
- Vietmeier v. VossSupreme Court of Missouri · 1952
- Charlton Ex Rel. Charlton v. LovelaceSupreme Court of Missouri · 1943
- Kirks v. WallerSupreme Court of Missouri · 1961
- Dickey v. HolmesSupreme Court of Missouri · 1907
- O'Malley ex rel. O'Malley v. Heman Construction Co.Supreme Court of Missouri · 1914
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