Legal Opinion · Dissent

Hamm v. United Railways Co.

Missouri Court of Appeals

Decided June 2, 1914Published

Appeal from St. Louis City Circuit Court. — lion. George H. Shields, Judge. Defendant’s demurrer to tlie evidence should have been sustained for the following reasons: First, Because it shows that plaintiff failed to exercise ordinary care in looking’ and listening for the street car, under the circumstances; Second, Because he drove his horse in a place of danger and at such a rate of speed as prevented him from averting an accident, after he saw or could have seen that one…

Read the full summary

Appeal from St. Louis City Circuit Court. — lion. George H. Shields, Judge. Defendant’s demurrer to tlie evidence should have been sustained for the following reasons: First, Because it shows that plaintiff failed to exercise ordinary care in looking’ and listening for the street car, under the circumstances; Second, Because he drove his horse in a place of danger and at such a rate of speed as prevented him from averting an accident, after he saw or could have seen that one was imminent; Third, Because he knowingly assumed the risk of getting across the track in safety, under the…

1Dissent

DISSENTING- OPINION.

ALLEN, J.

I am unable to concur in the majority opinion herein, and will undertake to state, as briefly as possible, the reasons for my dissent.

1. I am of the opinion that the ruling of the trial court on the demurrer to the evidence was proper. *14It is conceded that defendant’s negligence appears. Indeed, plaintiff’s evidence goes to show that defendant’s car1 approached the crossing in question at a very high and negligent rate of speed — estimated by the witnesses at from twenty-five to forty miles per hour — coming down hill with full power turned on; that the motorman in…

2Cases cited22 opinions

  1. Mockowik v. Kansas CitySupreme Court of Missouri · 1906
  2. Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
  3. Ellis v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
  4. Strauchon v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
  5. Dey v. United Railways Co.Missouri Court of Appeals · 1909

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API