Pim v. St. Louis Transit Co.

Decision Date13 December 1904
Citation108 Mo. App. 713,84 S.W. 155
CourtMissouri Court of Appeals
PartiesPIM v. ST. LOUIS TRANSIT CO.<SMALL><SUP>*</SUP></SMALL>

Appeal from St. Louis Circuit Court; Jas. R. Kinealy, Judge.

Action for personal injuries by Oscar J. Pim against the St. Louis Transit Company. From an order granting a new trial after judgment for defendant, defendant appeals. Affirmed.

Boyle, Priest & Lehman, for appellant. Scullin & Chopin, for respondent.

BLAND, P. J.

Plaintiff boarded an Olive street car in the western part of the city of St. Louis, to be carried to the intersection of Ninth and Olive streets, where he intended to get off. The car was crowded, and he stood in the aisle until Tenth street was passed, when he stepped out on the front platform, preparatory to alighting when the car should reach the Ninth street crossing. He testified that when he stepped out on the front platform there were three or four men standing there, one in front of him and between him and the brake. To avoid knocking or pushing this man against the brake, plaintiff reached out his full length and got hold of the hand rail, which the evidence shows projected 2½ inches beyond the body of the car. While plaintiff was in this position the car collided with or rubbed against a wagon loaded with cement and lime, and the wagon or the lumps of lime on the wagon came in contact with plaintiff's hand, badly injuring it. Plaintiff did not see the wagon until after he was injured and had alighted from the car, for the reason his view from the front was obstructed by people standing on the platform. On the part of the defendant the evidence...

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8 cases
  • Breece v. Ragan
    • United States
    • Kansas Court of Appeals
    • April 1, 1940
    ... ... up as acts of contributory negligence. The Instructions (d) ... and (f) complained of were approved by the St. Louis Court of ... Appeals in an able opinion written by Judge BLAND, Presiding ... Judge of that court, in the case of Brewer v. St. Louis ... Transit ... ...
  • Breece v. Ragan
    • United States
    • Missouri Court of Appeals
    • April 1, 1940
    ...cannot recover for injuries sustained by reason of negligence of another when he himself has been guilty of negligence. Pim v. St. L. Transit Co., 108 Mo. App. 713. (11) Defendant's plea of contributory negligence is all that the law requires. Brock v. St. L. Transit Co., 107 Mo. App. 109, ......
  • Weygandt v. Bartle
    • United States
    • Oregon Supreme Court
    • March 19, 1918
    ... ... See ... Bryant v. Omaha, etc., Co., 98 Iowa, 483, 67 N.W ... 392; St. Louis, etc., Ry. Co. v. Sweet, 60 Ark. 550, ... 31 S.W. 571; Sou. P. v. Ward, 208 F. 385, 392, 125 ... C. C. A. 601. The damages [88 Or. 317] ... the defendant and cannot be assigned as error by him. 4 C.J ... 920, note 63a. See, also, Pim v. St. Louis Transit ... Co., 108 Mo.App. 713, 84 S.W. 155; Smith v. Ogden, ... etc., R. Co., 33 Utah, 129, 93 P. 185, 188 ... A ... ...
  • Pollari v. Salt Lake City
    • United States
    • Utah Supreme Court
    • January 6, 1947
    ... ... 401, 59 P. 92; Bunnell v. Rio Grande W. R ... Co., 13 Utah 314, 44 P. 927; Riley v ... Good, 142 Or. 155, 18 P. 2d 222; Pim v ... St. Louis Transit Co., 108 Mo.App. 713, 84 S.W. 155; ... Kofoid v. Beckner, 70 Cal.App. 624, 234 P ... In the ... early case of Smith v. Ogden & ... ...
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