Bruce v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». J. Hugo Grimm, Judge. (1) The plaintiff’s case is refuted by the physical facts brought forth by the testimony of his own witnesses. These physical facts- being such as he himself adduced, he is bound by them. His case being so refuted, the defendant’s instruction in the nature of a demurrer to the evidence should have been sustained.
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Appeal from St. Louis City Circuit Court. — No». J. Hugo Grimm, Judge. (1) The plaintiff’s case is refuted by the physical facts brought forth by the testimony of his own witnesses. These physical facts- being such as he himself adduced, he is bound by them. His case being so refuted, the defendant’s instruction in the nature of a demurrer to the evidence should have been sustained. Nugent v. Milling Co., 131 Mo. 241; Payne v. Chicago, 136 Mo. 562; Nell v. Cunningham Co., 149 Mo. App. 53; Spiro v. Transit Co., 102 Mo. App. 250; Hook v. Railroad, 162 Mo. 569. (2) The court committed error in…
1Opinion of the CourtAllen, J.
This is an action by a husband to, re-
cover damages alleged to have been sustained by him in consequence of personal injuries suffered by his *574wife, resulting from alleged negligence of the defendant. Plaintiff recovered and the defendant prosecutes the appeal.
It appears from the evidence that on August 22, 1900, at about 10':30 p. m., plaintiff’s wife alighted . from a westbound car of defendant at a regular stopping place on'a private right of way of defendant in the city of St. Louis, at the intersection of Central and Oakland avenues, public streets in said city; that defendant maintained…
2Cases cited5 opinions
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
- Mabrey v. Cape Girardeau & Jackson Gravel Road Co.Missouri Court of Appeals · 1902
- Jennings v. ApplemanMissouri Court of Appeals · 1911
- Esque v. United Railways Co.Missouri Court of Appeals · 1913
- Kaiser v. St. Louis Transit Co.Missouri Court of Appeals · 1904
3Cited by6 opinions
- Kerns v. LewisMichigan Supreme Court · 1929
- Reeves v. LutzMissouri Court of Appeals · 1913
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Riggs v. MetcalfSupreme Court of Missouri · 1958
- Bruce v. United Railways Co.Missouri Court of Appeals · 1914
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