Barrie v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) The court erred in overruling defendant’s demurrer offered at the close of plaintiff’s evidence. The evidence conclusively shows that the injuries complained of by the plaintiff, were the direct result of his own negligence and he cannot recover.
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) The court erred in overruling defendant’s demurrer offered at the close of plaintiff’s evidence. The evidence conclusively shows that the injuries complained of by the plaintiff, were the direct result of his own negligence and he cannot recover. Roenfeldt v. Railroad, 380 Mo. 554, 79 S. W. 706; Moore v. Railroad, 176 M'o. 528, 75 S. W. 672; Zumault v. Railroad, 175 Mo. 288, 74 S. W. 1015; Reno v. Railroad, 180 Mo. 469, 79 S. W. 464; McGauley v. Railroad, 179 Mo. 583, 79 S. W. 461; Sepetowski v. Railroad, 102…
1Opinion of the Court
Statement.
The plaintiff was the driver of a milk wagon and while driving across defendant’s street car tracks on Jefferson avenue in the city of St. Louis near. Geyer avenue, the rear wheel of his wagon was struck by a southbound car, whereby the wagon was overturned and he was injured. Hence this suit. The case was here before and is reported. [Barrie v. Transit Co., 102 Mr. App. 87.]
The facts developed upon the part of the plaintiff in the trial court are'to the effect that the plaintiff, with a horse and covered wagon laden with milk cans, was on his route delivering milk on the day of the…
2Cases cited23 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Sullivan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
18 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ellis v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Logan v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1923
- Atlantic Coast Line Railroad v. LevySupreme Court of Florida · 1914
- Potter v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.