Fechley v. Springfield Traction Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. Jas. T. Ne-ville, Judge. (1) Contributory negligence is an affirmative defense and must be pleaded by answer before the defendant can avail itself of such defense, (a) It could not introduce evidence to show contributory negligence without so pleading. Schlereth v. Railroad, 96 Mo. 514; 10 S. W. 66; Donovan v. Railroad, 89 Mo. 147; McCormick v. Monroe, 64 Mo.
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Appeal from Greene Circuit Court. — Eon. Jas. T. Ne-ville, Judge. (1) Contributory negligence is an affirmative defense and must be pleaded by answer before the defendant can avail itself of such defense, (a) It could not introduce evidence to show contributory negligence without so pleading. Schlereth v. Railroad, 96 Mo. 514; 10 S. W. 66; Donovan v. Railroad, 89 Mo. 147; McCormick v. Monroe, 64 Mo. App. 200; Hudson v. Wabash, 101 Mo. 30,14 S. W. 15; Stone v. Hunt, 94 Mo. 475,7 S. W. 431; Hughes v. Railroad, 127 Mo. 447 ,• 30 S. W. 127; Parsons v. Railroad, 94 Mo. 294, 6 S. W. 464; Thorpe v.…
1Opinion of the CourtGoode, J.
Appellant was injured by the collision of a street car operated by respondent’s employees with a buggy in Avhich he was riding, and instituted this action to recover damages. The petition charges that the casualty was caused by the negligent operation of the car without specifying particularly the acts of negligence. The accident occurred in the city of Springfield, Missouri, on Commercial street, an east and west thoroughfare, at a point in the block between Boonville and Campbell streets, two north and south thoroughfares. We shall state the facts according to the testimony for the…
2Cases cited18 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Miller v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1891
- Aurelius v. Lake Erie & Western RailroadIndiana Court of Appeals · 1898
- Dickson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Buehler v. Festus Mercantile Co.Supreme Court of Missouri · 1938
- Lynch v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1933
- Winston's Administrator v. City of HendersonCourt of Appeals of Kentucky · 1918
- Flynn v. Chicago City Railway Co.Illinois Supreme Court · 1911
11 more not listed; retrieve them via the Exa API.