Fleddermann v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Row. Chas. Claflin Allen, Judge. (1) The court erred in refusing to give, at the close of the case, an instruction in the nature of a demurrer to the evidence at the request of the defendant, (a) Because the evidence showed that the plaintiff was guilty of contributory negligence.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Row. Chas. Claflin Allen, Judge. (1) The court erred in refusing to give, at the close of the case, an instruction in the nature of a demurrer to the evidence at the request of the defendant, (a) Because the evidence showed that the plaintiff was guilty of contributory negligence. Brocksmidt v. Railroad, 205 Mo. 444; Holland v. Railroad, 109 S. W. 22; McCauley v. Transit Co., 179 Mo. 583; Theobald v. Transit Co., 190 Mo. .435. (b) Because the proof showed the accident happened otherwise than pleaded and at a different place. Spiro v. Railroad,…
1Opinion of the CourtGoode, J.
On the morning of October 28, 1904, at about five o’clock, plaintiff, while driving a wagon and team in the city of St. Louis, was run into by a. trolley car of the defendant and suffered permanent injury: a broken thigh bone. Verdict went for him, and defendant appealed, not contending the damages awarded were incommensurate with the injury, but that a verdict should have been directed for defendant because plaintiff was proved to have contributed to the accident by his own negligence, and because the proof showed the accident occurred at another place than the one stated in the petition;…
2Cases cited32 opinions
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Canfield v. City of JacksonMichigan Supreme Court · 1897
- Montgomery v. Lansing City Electric Railway Co.Michigan Supreme Court · 1894
27 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Travelers Indemnity Company v. ChumbleyMissouri Court of Appeals · 1965
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Schmidt v. St. Louis Transit Co.Missouri Court of Appeals · 1909
- Pannell v. AllenMissouri Court of Appeals · 1912
- Busby v. Indiana Board of AgricultureIndiana Court of Appeals · 1927
3 more not listed; retrieve them via the Exa API.