Paul v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis Oity Circuit Court. — Hon. James E. Withrow, Judge. (1) Plaintiff was not guilty of contributory negligence as a matter of law, under the evidence, since he took care to see that he would be safe from any car running at a laAvful rate of speed ánd he assumed, as he had a right to do, that cars would not be run at a reckless or unlawful speed.
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Appeal from St. Louis Oity Circuit Court. — Hon. James E. Withrow, Judge. (1) Plaintiff was not guilty of contributory negligence as a matter of law, under the evidence, since he took care to see that he would be safe from any car running at a laAvful rate of speed ánd he assumed, as he had a right to do, that cars would not be run at a reckless or unlawful speed. Riska v. Railway, 180 Mo. 168; Weller v. Railroad, 164 Mo. 180; Powers v. Transit Co., 202 Mo. 267; Meng v. Railroad, 108 Mo. App. 553; Moore v. Transit Co., 95 Mo. App. 739; Moore v. Transit Co., 194 Mo. 1; Doherty v. Railroad, 121…
1Opinion of the CourtNixon, P. J.
(after stating the facts as above). — I. As to the last chance doctrine, it may be said that there is not a scintilla of evidence proving, or tending to prove, how far the car was from the point of the collision when the plaintiff emerged from behind the northbound car and entered the danger zone, nor is there any evidence as to the distance in which a car running at the rate of speed this car is said to have been running (twenty miles an hour), could have been stopped, and there was, therefore, no showing that the car could have been stopped in time to have averted the collision, after…
2Cases cited9 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Cole v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Hornstein v. United Railways Co.Supreme Court of Missouri · 1906
- Giardina v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. JacksonWashington Supreme Court · 1989
- Bradley v. S. L. Savidge, Inc.Washington Supreme Court · 1942
- Morris v. Chicago, Milwaukee, St. Paul & Pacific RailroadWashington Supreme Court · 1939
- Beeman v. Puget Sound Traction Light & Power Co.Washington Supreme Court · 1914
- Walsh v. Southtown Motors CompanySupreme Court of Missouri · 1969
11 more not listed; retrieve them via the Exa API.