Schaub v. St. Louis Transit Co.

• Decision Date: 02 May 1905
• Citation: 87 S.W. 85,112 Mo. App. 529
• Parties: SCHAUB v. ST. LOUIS TRANSIT CO.
• Court: Missouri Court of Appeals

87 S.W. 85

112 Mo. App. 529

SCHAUB v. ST. LOUIS TRANSIT CO.

St. Louis Court of Appeals. Missouri.

May 2, 1905.

STREET RAILROADS—PERSONAL INJURIES—COLLISION WITH VEHICLE—EVIDENCE —QUESTION FOR JURY.

In an action against a street railroad company for personal injuries caused by a collision of a car with a vehicle, evidence held to justify submission to the jury of the issue of defendant's negligence.

Appeal from St. Louis Circuit Court; Robt. M. Foster, Judge.

Action by Henry J. Schaub against the St. Louis Transit Company. From a judgment for plaintiff, defendant appeals. Affirmed.

Boyle, Priest & Lehman and Morton Jourdon, for appellant. C. A. Schnake and O. J. Mudd, for respondent.

Opinion.

GOODE, J.

Plaintiff obtained a judgment against the defendant for a personal injury to himself, the death of his horse, and damages to a wagon he was driving. The several injuries were caused by one of the defendant's trolley cars running against plaintiff and his horse and wagon. The accident happened at the intersection of Bartmer and Hamilton avenues, in the city of St. Louis, April 8, 1904, about 8 o'clock in the evening. The plaintiff and his friend Luke Tiernon had ridden in the wagon west along Bartmer avenue, which runs east and west, to its intersection with Hamilton avenue, running north and south. The defendant's street car tracks extend along Hamilton avenue. Schaub was driving and attempted to cross the defendant's tracks on Hamilton avenue, but the horse stalled when the front wheels of the wagon came against the east rail of the car track. This was due to the fact that a hole had been washed in the surface of the street at that point, into which the wheels sank so deep that the horse was unable to pull the wagon over the track. Schaub urged the horse for a few minutes, and then, realizing that probably they could not get out of their awkward position before a car came along, told Tiernon to jump out of the wagon, go south along the track, and stop a car which might approach. Tiernon ran along the track for about 300 feet, fell into an open sewer, scrambled out, and about that time a car passed. He shouted as loudly as he could to the motorman, who failed to hear or to understand him, and went ahead with the car. There was a passenger aboard, who wished to get off at Bartmer avenue. The car slackened speed somewhat, but ran into the horse and wagon, knocked the plaintiff senseless, and severely injured him, killed the horse, and broke the...