Baxter v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. D. G. Taylor, Judge. (1) The demurrer to the evidence should have been sustained. It is undisputed that had the plaintiff’s son, or his fellow-servant Davis, looked or listened, they could have seen and heard the approaching car and avoided the injury. Moore v. Railway, 75 S. W. 676; Moss v. Traction Co. (S. C. Pa.), 1 Am. Neg.
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Appeal from St. Louis City Circuit Court. — Row. D. G. Taylor, Judge. (1) The demurrer to the evidence should have been sustained. It is undisputed that had the plaintiff’s son, or his fellow-servant Davis, looked or listened, they could have seen and heard the approaching car and avoided the injury. Moore v. Railway, 75 S. W. 676; Moss v. Traction Co. (S. C. Pa.), 1 Am. Neg. Rep. 520. (2) The fact that plaintiff’s son testified that he looked and saw no car, in the face of the undisputed physical facts of the case, has no probative force, and must be disregarded by the court. Hook v.…
1Opinion of the CourtBland, P. J.
— Plaintiff is the father of Arthur Baxter, a minor. The suit is to recover damages for injuries to the son caused, as alleged, by the negligence of the defendant’s servants in the management and operation of one of its street cars on Arsenal street, in the city of St. Louis. The petition alleges, and the evidence shows, that on August 27, 1901, Arthur Baxter, then twelve years old, was in the employ of Isaac Davis, an ice dealer; that the boy’s duties were to go on the ice wagon and to carry ice from the wagon to such houses as the driver of the wagon should direct; that on the above named…
2Cases cited18 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Yahn v. City of OttumwaSupreme Court of Iowa · 1883
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- Pauck v. St. Louis Dressed Beef & Provision Co.Supreme Court of Missouri · 1901
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3Cited by11 opinions
- Bryant v. Pacific Electric Railway Co.California Supreme Court · 1917
- Petty v. Kansas City Public Service Co.Supreme Court of Missouri · 1946
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
- Loomis v. AbelsonSupreme Court of Vermont · 1929
- Scanlon v. Kansas CitySupreme Court of Missouri · 1935
6 more not listed; retrieve them via the Exa API.