Legal Opinion

Moore v. St. Louis Transit Co.

Supreme Court of Missouri

Decided February 26, 1906PublishedCited by 21 opinions

Transferred from St. Lonis Court of Appeals. (1) The court erred in sustaining defendant’s demurrer to plaintiff’s evidence and refusing to submit the case to the jury. Penney v. Railroad, 71 Mo. App. 577; Klockenbrink v. Railroad, 81 Mo. App. 351; Chamberlain v. Railroad, 133 Mo. 587; McAndrews v. Railroad, 83 Mo.

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Transferred from St. Lonis Court of Appeals. (1) The court erred in sustaining defendant’s demurrer to plaintiff’s evidence and refusing to submit the case to the jury. Penney v. Railroad, 71 Mo. App. 577; Klockenbrink v. Railroad, 81 Mo. App. 351; Chamberlain v. Railroad, 133 Mo. 587; McAndrews v. Railroad, 83 Mo. App. 233; Morgan v. Railroad, 159 Mo. 262; Railroad v. Ives, 144 U. S. 408. (2) Plaintiff, reasonably near and in full view of the track, looked once and thereby complied with the requirements of the law, and the question whether he was negligent in stepping upon the track without…

1Opinion of the CourtGantt, J.

This is an action for damages arising from personal injuries alleged to have been caused by the negligent conduct of the defendant in running its street cars over the plaintiff at the intersection of Thomas street by Jefferson avenue in the city of St. Louis.

The cause was tried in the circuit court of the city of St. Louis, and at the close of the plaintiff’s evidence, the court gave an instruction in the nature of a demurrer to the evidence, whereupon plaintiff took a nonsuit with leave to move to set the same aside and grant a new trial. His motion was duly filed and overruled, and…

2Cases cited14 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. BodemerIllinois Supreme Court · 1892
  2. Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
  3. Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  4. Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
  5. Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
  2. Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
  3. Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
  4. State v. AndersonSupreme Court of Missouri · 1913
  5. Cole v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906

16 more not listed; retrieve them via the Exa API.

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