Legal Opinion

Linder v. St. Louis Transit Co.

Missouri Court of Appeals

Decided December 15, 1903PublishedCited by 3 opinions

Appeal from St. Louis Circuit Court. — Eon. D. D. Fisher, Judge. (1) The demurrer to plaintiff’s evidence should have been sustained.

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Appeal from St. Louis Circuit Court. — Eon. D. D. Fisher, Judge. (1) The demurrer to plaintiff’s evidence should have been sustained. Plaintiff admits that, having seen the car approaching less than a block away, he got into the buggy, after putting some books into it that he had purchased, and, taking the lines, leisurely drove in a northwesterly direction to and across the east-bound track.and upon the track where he was struck, without again looking toward the car that he knew was but a short distance from him. Such negligence on his part should preclude a'recovery. Boyd v. Railroad, 105…

1Opinion of the CourtReyburn, J.

— This action for personal injuries was begun before a justice of the peace of the city of St. Louis, tried anew in the circuit court, and from judgment for plaintiff defendant has appealed.

*578About five o’clock in tbe afternoon of October 1, 1900, plaintiff, a physician, residing in East St. Louis, was in a bookstore on the south side of Pine street between Seventh' and Eighth streets; an alley extends southwardly from Pine street between the streets named, and the store in question was a door or two west of the alley. Plaintiff emerged from the bookstore, deposited the books he had purchased…

2Cases cited2 opinions

  1. Oates v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1902
  2. Schafstette v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903

3Cited by3 opinions

  1. Bruening v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
  2. Freymark v. St. Louis Transit Co.Missouri Court of Appeals · 1905
  3. Hamm v. United Railways Co.Missouri Court of Appeals · 1914

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