Rytersky v. O'Brine

The defendant appeals from a judgment against him in a personal injury action for damages resulting to plaintiff from being struck by an automobile driven by the defendant. Plaintiff had just alighted from a street car on Broadway, in St. Louis, and was attempting to reach the sidewalk when struck and injured. The petition alleges several grounds of negligence on defendant's part, but the case went to the jury solely on a violation of the humanitarian rule in that the defendant could and should, with due care, have seen the plaintiff in a position of imminent peril in time, by using the means…