Melton v. St. Louis Public Service Co.

(concurring). — I concur in the prin-

cipal opinion prepared by Judge Van Osdol. Hereinbelow I set out additional reasons for my concurrence in the view that plaintiff did not exercise ordinary care for his own safety and that he was contributorily negligent as a matter of law.

Plaintiff testified as follows:

“Q. Now, when you walked back south to the tracks, did you ever look east to see if there was any street car coming west there ? A. I didn’t turn east and look particularly for streetcars, no, sir.

Q. Did you, whether you looked particularly or not, did you look at all to see if a streetcar…