Joyce v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. O’Neill By an, Judge. ' Verdict was for the defendant and the appeal is from an order of the court sustaining plaintiff’s motion for new trial.
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Appeal from St. Louis City Circuit Court. — Hon. O’Neill By an, Judge. ' Verdict was for the defendant and the appeal is from an order of the court sustaining plaintiff’s motion for new trial. If the undisputed facts show that the injured party was guilty of such contributory negligence as will preclude a recovery, and if there is no evidence of a willful, reckless or wanton disregard of human life, on the part of the operatives of the train, there is nothing for a jury to pass upon, and the court should sustain a demurrer to the evidence. Moore v. Railway, 176 Mo. 545, 75 S. W. 672; Tanner…
1Opinion of the CourtGoode, J.
This is an appeal from an order of the court below sustaining a motion of the plaintiff for' a new trial after a verdict had been returned against him. The action was for personal injuries received by the plaintiff in an accident on Franklin avenue in the city of St, Louis, March 15, 1903. Joyce and Edward J. Kaiser had been driving about the city in a horse and buggy that day, and about seven o’clock in the evening were traveling eastward on the north side of Franklin avenue. They started to drive diagonally over the street railway tracks of the defendant company, but the wheels of the buggy…
2Cases cited1 opinion
- Meyer Bros. Drug Co. v. McMahanMissouri Court of Appeals · 1892
3Cited by3 opinions
- Beckermann v. E. H. Kortkamp Jewelry Co.Missouri Court of Appeals · 1913
- Brosius v. Sunflower Lead & Zinc Co.Missouri Court of Appeals · 1910
- Detjen v. Moerschel Brewing Co.Missouri Court of Appeals · 1911