Hodges v. Chambers
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. (1) Respondent is directly responsible for and chargeable with Ms own negligence in selecting a dangerous roadway on wbicli to walk, namely; one prepared for and only intended for use by automobiles and other vehicles, when he- could and should have used the safe stairway prepared specially for use by those on foot.
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Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. (1) Respondent is directly responsible for and chargeable with Ms own negligence in selecting a dangerous roadway on wbicli to walk, namely; one prepared for and only intended for use by automobiles and other vehicles, when he- could and should have used the safe stairway prepared specially for use by those on foot. If he had used the stairway where he was absolutely safe, the automobile could not have struck him.. And having chosen the dangerous way, he can,not recover. The general rule is that if a person knowingly…
1Opinion of the CourtAllen, J.
This is a suit for personal injuries sustained by plaintiff as a result of being struck by an automobile belonging to the defendant and being operated by bis servant. The action is brought under Section 8523, Revised Statutes 1909, giving redress to one injured by the negligent operation of an automobile on, upon, along or across “public walks, streets, avenues, alleys, "highways, or places much used for travel. ’ ’ The answer was a general denial and a plea of contributory negligence. The cause was tried before the court and a jury, resulting in a verdict for plaintiff for $3000, and the…
Also in this document: Concurrence.
2Cases cited2 opinions
- Bongner v. ZiegenheinMissouri Court of Appeals · 1912
- Nicholas v. KelleyMissouri Court of Appeals · 1911
3Cited by9 opinions
- Pitcher v. SchochSupreme Court of Missouri · 1940
- Elgin Dairy Co. v. ShepherdIndiana Supreme Court · 1915
- Barker v. SavasUtah Supreme Court · 1918
- Cool v. PetersenMissouri Court of Appeals · 1915
- Carradine v. FordMissouri Court of Appeals · 1916
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