Hamm v. United Railways Co.
Missouri Court of Appeals
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…
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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
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Ellis v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Strauchon v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Dey v. United Railways Co.Missouri Court of Appeals · 1909
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