Latham v. Harvey
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. John W. Calhoun, Judge. (1) The trial court erred in not sustaining appellant’s demurrers to the evidence, because there was no evidence that appellant was negligent. 29 Cyc. 419-20; 29 Cyc. ,621; Battles v. Railways, 178 Mo. App. 596, 614, 615; Nevinger v. Haun, 197 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. John W. Calhoun, Judge. (1) The trial court erred in not sustaining appellant’s demurrers to the evidence, because there was no evidence that appellant was negligent. 29 Cyc. 419-20; 29 Cyc. ,621; Battles v. Railways, 178 Mo. App. 596, 614, 615; Nevinger v. Haun, 197 Mo. App. 416, 427-28; Winter v. Van Blarcom, 258 Mo. 418, 423-24. (2) The trial court erred in not sustaining appellant’s demurrers to the evidence, because the plaintiff was guilty of contributory negligence as a matter of law. Winter v. Van Blarcom, 258 Mo. 418, 424;…
1Opinion of the CourtAllen, J.
This is an action to recover damages for personal injuries sustained by plaintiff by being-struck by an automobile belonging to the defendant and driven by him. The trial below, before the court and a jury, resulted in a verdict and judgment in favor of plaintiff in the sum of $5000, from which the defendant prosecutes this appeal.
At the time of plaintiff’s injury he was in the employ of the city of St. Louis as a street sweeper and engaged in this work on Delmar Avenue, a street extending east and west in the city of St. Louis, at a point a short distance east of Euclid Avenue, a street…
2Cases cited6 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- State ex rel. Central Coal & Coke Co. v. EllisonSupreme Court of Missouri · 1917
- Young v. DunlapMissouri Court of Appeals · 1916
- Scrivner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
- Gunn v. United Railways Co.Supreme Court of Missouri · 1917
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3Cited by2 opinions
- State Compensation Insurance Fund v. ScamellCalifornia Court of Appeal · 1925
- Alexander v. Barnes Grocery Co.Missouri Court of Appeals · 1928