Hornstein v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». Selden P. Spencer, Judge. STATEMENT. The suit is for the recovery of damages for personal injuries received by plaintiff on June 6, 1901, by being struck by one of the defendant’s cars moving north on Yandeventer avenue in the city of St. Louis.
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Appeal from St. Louis City Circuit Court. — Ho». Selden P. Spencer, Judge. STATEMENT. The suit is for the recovery of damages for personal injuries received by plaintiff on June 6, 1901, by being struck by one of the defendant’s cars moving north on Yandeventer avenue in the city of St. Louis. The allegations of negligence are: “1. That the conductor of the south-bound car carelessly and negligently failed to give the plaintiff, as he was alighting from said car and about to cross the eastern track, any warning of the fact that the northbound car was approaching. “2. The said north-bound car…
1Opinion of the CourtBland, P. J.
— Defendant insists that its demurrer to plaintiff’s evidence should have been given. In the circumstances of the case negligence of defendant is not to be inferred from the mere happening of the injury. Murphy v. Wabash R’y Co., 115 Mo. 111; Yarnell v. The Kansas City F. S. & M. R’y Co., 113 Mo. 570; Harper v. Standard Oil Co., 78 Mo. App. (St. L.) *277338; Breen v. The St. Louis Cooperage Co., 50 Mo. App. (St. L.) 202.
There is no evidence- in support of the first, second or fourth allegation of negligence in the petition. In respect to the third allegation of negligence, the failure to give…
2Cases cited9 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Easley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Doisy v. EdwardsSupreme Court of Missouri · 1966
- Hornstein v. United Railways Co.Supreme Court of Missouri · 1906
- Butler v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Harris v. Quality Dairy Co.Missouri Court of Appeals · 1967
- Tillman v. St. Louis Transit Co.Missouri Court of Appeals · 1903
3 more not listed; retrieve them via the Exa API.