274 S.W. 377 (Mo. 1925), 25004, Johannes v. Edward G. Becht Laundry Co.

Docket Nº:25004
Citation:274 S.W. 377
Opinion Judge:RAGLAND, P. J.
Attorney:McCarthy, Morris & Zachritz, of St. Louis for appellant. Robert H. Merryman, of St. Louis, for respondent.
Case Date:July 01, 1925
Court:Supreme Court of Missouri

Page 377

274 S.W. 377 (Mo. 1925)




No. 25004

Supreme Court of Missouri, First Division

July 1, 1925

Motion for Rehearing Denied July 30, 1925.

McCarthy, Morris & Zachritz, of St. Louis for appellant.

Robert H. Merryman, of St. Louis, for respondent.



Action for personal injuries. Plaintiff, while walking along the north side of Arsenal street where it crosses Grand avenue, in the city of St. Louis, was struck by a light motor truck driven by an employe of the defendant, and thrown against a passing wagon loaded with brick.

Grand avenue runs north and south, and, where it is crossed by Arsenal street, it is approximately 60 feet in width -- from curb to curb. Two street railway tracks occupy the center -- the one on the east is used for northbound cars and the one on the west for south-bound. Arsenal street at the intersection is about 64 feet wide. Its general direction is east and west, but where it crosses Grand avenue from the west it bears to the southeast. Because of the acute angle thus formed at the intersection, the left front corner of an automobile proceeding east along the south side of Arsenal across Grand at all times projects further east than any other part of the machine.

About midday on October 29, 1919, the date of the occurrence in question, one Ruhl was driving a Ford touring car eastwardly along the south side of Arsenal street. When he

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reached Grand avenue, he observed a southbound street car approaching, and stopped. When the car had passed, he started up and proceeded on across Grand avenue; his car moving at the rate of 4 or 5 miles an hour. When the front part of his automobile had passed the east rail of the east track of the street railway, and while the rear portion of the machine was still on the east track, his car was collided with by defendant's truck, which was traveling north along the east side of Grand avenue. According to one of plaintiff's witnesses, the truck was at the time moving at the rate of from 30 to 35 miles per hour; according to the driver of the truck at from 20 to 25 miles. As the truck was in the act of passing the touring car the left front fender of the car came into contact with the rear portion of the truck. The shock and jar from the impact were such that the steering wheel of the truck was wrenched from the driver's hands, and the truck took a northwest course, running about 125 feet, and not coming to a stop until it ran against the wagon loaded with brick. Plaintiff, who in his progress across Grand avenue, had reached a point 7 or 8 feet from the west curb, was in the path of the truck; he was knocked against the brick wagon, and later picked up from under the truck.

It was admitted that Arsenal street and Grand avenue where they cross each other were much traveled at all times, day and night. An ordinance of the city of St. Louis provided that no motor vehicle should be moved or propelled over any of its streets 'at a greater rate of speed than is reasonable, having regard to the traffic and use of such street, * * * or so...

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