Brown v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court . — Hon. Warwick Hough, Judge. (1) The demurrer to the evidence should have been sustained. The actionable negligence charged is: (a) Dangerous and unlawful speed; (b) failure to sound the gong or bell; (c) failure of the motorman. to avoid the injury after he saw, or, by the exercise of reasonable care, could have seen plaintiff.
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Appeal from St. Louis City Circuit Court . — Hon. Warwick Hough, Judge. (1) The demurrer to the evidence should have been sustained. The actionable negligence charged is: (a) Dangerous and unlawful speed; (b) failure to sound the gong or bell; (c) failure of the motorman. to avoid the injury after he saw, or, by the exercise of reasonable care, could have seen plaintiff. (2) It will not be controverted that there was no evidence as to dangerous or unlawful speed, neither will it be contended by respondent that the gong on the car was not sounded, for plaintiff’s attention, by his…
1Opinion of the CourtReyburn, J.
— This is an action for personal injuries, and the specifications of negligence assigned as cause of the casualty in substance were, a dangerous and unlawful rate of speecl and failure to sound bell or gong of the colliding car. The defendant in answer made a- general denial and attributed the injuries suffered "by plaintiff to his own negligence in carelessly riding a horse upon or so near its tracks, upon which a car was approaching, that the horse was struck, when by looking or listening for the approach of the car, he could have seen it and avoided the injury; or by carefully managing the…
2Cases cited5 opinions
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Fearey v. O'NeillSupreme Court of Missouri · 1899
- Muth ex. of Reuter v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1901
- Minster v. Citizens' Railway Co.Missouri Court of Appeals · 1893
- Parman v. Kansas CityMissouri Court of Appeals · 1904
3Cited by2 opinions
- Wilson v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1907
- Sampson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911