73 S.W. 379 (Mo.App. 1903), Meyers v. St. Louis Transit Company
|Citation:||73 S.W. 379, 99 Mo.App. 363|
|Opinion Judge:||BLAND, P. J.|
|Party Name:||EMIL S. MEYERS, Respondent, v. ST. LOUIS TRANSIT COMPANY, Appellant|
|Attorney:||Boyle, Priest & Lehmann, George W. Easley and Morton Jourdan for appellant. J. W. Benstein and A. R. Taylor for respondent.|
|Judge Panel:||BLAND, P. J. Goode and Reyburn, JJ., concur. Goode and Reyburn, JJ., concur.|
|Case Date:||March 17, 1903|
|Court:||Court of Appeals of Missouri|
Appeal from St. Louis City Circuit Court.--Hon. Wm. Zachritz, Judge.
Plaintiff recovered a thousand-dollar judgment against defendant for injuries he received in a collision with one of defendant's street cars on June 4, 1900, on Washington avenue, where the avenue is crossed by Beaumont street, in the city of St. Louis. From this judgment defendant appealed.
For the plaintiff the evidence tends to prove that plaintiff was driving a one-horse open spring wagon north on Beaumont street, with a few buckets of sand in the wagon and his brother sitting on the wagon seat beside him. He testified that when he reached Washington avenue he saw a car coming from the west on Washington avenue, at a distance of one hundred and fifty to two hundred feet from the crossing; that when his horse reached the railway track the car was something like one hundred and seventy-five feet away; that after the horse and the fore wheels of the wagon had gotten over the track and just as the hind wheels of the wagon struck the south rail, and when the car was from one hundred to one hundred and twenty-five feet away, the horse stopped and refused to go. Plaintiff had no whip but tried to make the horse go on by slapping him with the ends of the lines. The horse shook his head, but would not go forward.
Plaintiff testified that he had owned the horse six or eight years; that he would balk anywhere, but if let alone for awhile he would move on himself; that he had lived in the city of St. Louis and used a horse and wagon for twenty years and was familiar with street railway crossings.
Plaintiff also testified that when the horse stopped he had time to get out of the wagon and to walk to the sidewalk before the collision occurred, but that he was trying to get his horse and wagon over the track and supposed he did not have the presence of mind to get out of the wagon.
He further testified that the car was running pretty fast. Other witnesses on his behalf testified that it was running at a speed of twenty miles per hour and that the motorman made no effort whatever to stop or check the car, and when the wagon was struck plaintiff was shot up into the air as high as the trolley line and fell into the gutter on Washington avenue; that the wagon was wrecked and the horse injured.
Plaintiff's brother, after the collision, was found hanging on the front platform of the car. He was uninjured but so frightened that he could not account for how he got out of the wagon or how he got hold of the car. It is manifest, however, that he was not in the wagon when it was struck by the car.
The plaintiff read in evidence an ordinance limiting the speed of the cars to ten miles an hour east of Grand avenue, and also the vigilant watch ordinance.
The evidence tended to prove that plaintiff's injuries were quite serious; that he was laid up for seven or eight weeks and that one of his hips was permanently injured.
For the defendant the motorman in charge of the car testified:
"Coming east on Washington avenue I got within one hundred feet of Beaumont street when I noticed a wagon coming north on Beaumont. I rang my bell and the driver heard it, because he pulled up with his horse's head on a line with the street curbing on Washington avenue and stopped. By that time I was within about seventy-five feet from him. I rang my bell again and had proceeded about ten feet further, about twenty-five feet off from him, and I saw him standing looking at the car, and I reached over and cut off my brake, and applied the power, and I can't say whether he used the whip or line, but he reached up and hit his horse a cut over the back and the animal jumped and I saw that there was going to be an accident, and I shut off the power and pulled back the reverse, and had no more than done that than I hit him.
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