Rodgers v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher, Judge. The court erred in overruling defendant’s demurrer •offered at the close of plaintiff’s evidence. Where the facts show that the plaintiff moved from behind one car -directly on to parallel tracks, without stopping to look, and was struck by a car coming from the opposite direction, he is guilty of such contributory negligence in failing to stop, look and listen as will bar him from all recovery.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher, Judge. The court erred in overruling defendant’s demurrer •offered at the close of plaintiff’s evidence. Where the facts show that the plaintiff moved from behind one car -directly on to parallel tracks, without stopping to look, and was struck by a car coming from the opposite direction, he is guilty of such contributory negligence in failing to stop, look and listen as will bar him from all recovery. Giardina v. Railroad, 185 Mo. 330, 84 S. W. 928; Deane v. Transit Co., 91 S. W. 505; Green v. Railwav, 90 S. W. 805; Hornstein…
1Opinion of the Court
BLAND, P. J.,
(after stating the facts.)
1. There are two assignments of error relied on for a reversal of the judgment. The first is that the court erred in refusing defendant’s instruction in the nature of á demurrer to the evidence, offered at the close of plaintiff’s case. In support of this contention, defendant relies upon the case of Giardina v. Railroad, 185 Mo. 380, 84 S. W. 928. In the Giardina case, the plaintiff stepped from behind a car on a parallel track and was *683immediately struck by a car traveling in an opposite direction from that traveled by the car from behind which he had…
2Cases cited6 opinions
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Chicago & Alton Railroad v. BrandauMissouri Court of Appeals · 1899
- Giardina v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1904
- Crenshaw v. LookerSupreme Court of Missouri · 1904
- Hornstein v. United Railways Co.Missouri Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Doisy v. EdwardsSupreme Court of Missouri · 1966
- Everett v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Harris v. Quality Dairy Co.Missouri Court of Appeals · 1967
- Underwood v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907