Bongner v. Ziegenhein
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The demurrer to the evidence should have been sustained: (a) Because the proof shows that the accident was due to plaintiff’s own contributory negligence.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The demurrer to the evidence should have been sustained: (a) Because the proof shows that the accident was due to plaintiff’s own contributory negligence. Clancy v. Transit Co., 192 Mo. 615; McCreery v. Railways Co., 221 Mo. 18; Wheeler v. Wall, 137 S. W. 63; Newton v. Railroad, 132 S. W. 1195. (b) Because the proof shows that even if defendant was guilty of any or all of the acts of negligence alleged, defendant’s conduct was not the proximate cause of plaintiff’s injury. When plaintiff stepped from the street car,…
1Opinion of the CourtNoetoni, J.
This is a suit for damages accrued on account of personal injuries received through defendant’s negligence in operating his automobile. Plaintiff recovered and defendant prosecutes the appeal.
Since the appeal was perfected, the plaintiff departed this life, and the proceedings have been, and now stand, revived in this court in the name-of his administrator.
Plaintiff, Julius Bongner, now deceased, was a passenger on a southbound street car on Grand avenue, destined to Magnolia avenue, in the city of St. Louis-. As the street car halted at the usual stopping place in Grand avenue at its…
2Cases cited14 opinions
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- McFern v. GardnerMissouri Court of Appeals · 1906
- Johnston v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Wyler v. RaticanMissouri Court of Appeals · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Ex Rel. Hauck Bakery Co. v. HaidSupreme Court of Missouri · 1933
- Bishop v. Musick Plating WorksMissouri Court of Appeals · 1928
- De Voto v. St. Louis Public Service Co.Missouri Court of Appeals · 1952
- Tuttle v. Briscoe Manufacturing Co.Michigan Supreme Court · 1916
- Booth v. GilbertCourt of Appeals for the Eighth Circuit · 1935
9 more not listed; retrieve them via the Exa API.