Degel v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Ron. Frank B. Dearing, Judge. (1) The fact that the plaintiff for twelve years ha.d driven over this track three times a week, and knew that this particular car always passed the point of collision about that hour, rendered the duty to look and listen imperative upon her for her own protection.
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Appeal from Jefferson Circuit Court. — Ron. Frank B. Dearing, Judge. (1) The fact that the plaintiff for twelve years ha.d driven over this track three times a week, and knew that this particular car always passed the point of collision about that hour, rendered the duty to look and listen imperative upon her for her own protection. Hol-werson v. Railroad, 157 Mo. 225; Kirtley v. Railroad, 65 Fed. 391; Railroad v. Moseley, 57 Fed. 921; Sinclair v. Railroad, 133 Mo. 233. (2) It required both the motorman and conductor to keep a vigilant watch and to stop the car in the shortest “time and space…
1Opinion of the CourtReyburn, J.
This is an action to recover damages for personal injuries sustained by plaintiff, while with her husband in a single-horse spring wagon moving southwardly in the west track of defendant’s railway, on Broadway near Clarence avenue in the city of •St. Louis. The evidence established that between three and four o’clock, a. m., July 3, 1901, plaintiff and her husband, a truck farmer, had been for a considerable distance riding in the western car track used by defendant’s south-bound cars, and when they approached Clarence avenue, plaintiff heard the noise of a car approaching behind them and…
2Cases cited7 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Schmidt v. St. Louis RailroadSupreme Court of Missouri · 1899
- Winters v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Oates v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1902
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3Cited by2 opinions
- Stewart Dry Goods Co. v. HutchisonCourt of Appeals of Kentucky · 1917
- Union Biscuit Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1904