Yore v. Mueller Coal, Heavy Hauling & Transfer Co.

Decision Date15 February 1899
CourtMissouri Supreme Court
PartiesYORE v. MUELLER COAL, HEAVY HAULING & TRANSFER CO.

Appeal from St. Louis circuit court; Leroy B. Valliant, Judge.

Action by Norris W. Yore, by James H. Yore, his curator, against the Mueller Coal, Heavy Hauling & Transfer Company. There was a judgment for defendant, and from an order setting aside the judgment and granting a new trial it appeals. Reversed.

This is an appeal from an order setting aside a verdict and judgment in favor of defendant, and granting to plaintiff a new trial. The action is for personal injuries sustained by plaintiff on account of being struck and run over by a team and wagon of defendant going east on the north side of Washington avenue in the city of St. Louis, under the following circumstances: At about 6 o'clock on the evening of January 6, 1895, plaintiff took his position on the pavement on the north side of Washington avenue, about 40 feet west from the west line of Eighth street, for the purpose of boarding a Washington avenue street car when it would come along going west. When a car came opposite to where plaintiff was standing, he stepped from the sidewalk to get upon it, but only got three or four feet from the sidewalk towards the car, when he collided with one of two mules which were hitched to a wagon being driven eastwardly on the north side of said avenue by one of defendant's employés. Plaintiff, who was the only witness that testified on his behalf as to how the accident occurred, says that the forepart of the mule struck him, and knocked him towards the wheels of the wagon, and that one of the front wheels passed over his body, inflicting quite severe injuries. Plaintiff says that he had taken car for his home at about the same time of day, and at about the same place he was attempting to board it on this occasion, almost daily for the previous three weeks; that, while it was a cloudy day, and getting dark at that time, the electric light at the center of the intersection of Eighth street and Washington avenue was burning, and the car was also well lighted, so that he could have seen the team that struck him if he had looked in the direction it was coming before leaving the sidewalk, but that he did not look that way, and that he neither saw nor heard the team before he collided with it. There was also testimony given in behalf of plaintiff that may, for the sake of this discussion, be treated as tending to show that the team (of defendant) that struck plaintiff was noticed going in a trot eastwardly at a point about one-half a block distant just a few seconds before the accident. No one, however, except defendant's driver, undertook to give the speed of the team at the time it came in contact with plaintiff, and he says that the team was being driven in a walk, and that plaintiff stepped from the curbstone of the pavement without looking, and that, while within but three or four feet from the curbstone, he ran against the hind part or hip of the mule of his team (that was) nearest to the sidewalk, and was knocked or thrown down by the jumping of the mule to one side, and that, before he was able to check them, the fore wheel of the wagon to which the mules were hitched, and which he was driving, ran over the plaintiff, but that he turned the team so quickly, when he realized the trouble, that the hind wheel of the wagon did not run over or against plaintiff; that he had no knowledge or intimation that plaintiff contemplated to pass to the car in advance of his team until he had stepped from the curbstone, and ran against one of the mules, and that after plaintiff left the sidewalk there was not sufficient time for him to act so as to avert the collision and accident; that the distance between the team he was driving and the car upon one side and the curbing of the sidewalk upon the other was only three or four feet; that he was one of the teamsters of the defendant, engaged in the work of gathering up the sweepings from the side of the streets in the city, in the work of street cleaning, and that at the time of the accident he was going to Eighth street to gather up a load of trash that had just been swept into the gutter of said street by the street sweeper assisting in the work of street cleaning. After the testimony was all in, the court, at the instance of the plaintiff and defendant and on its own motion, gave eight instructions covering the different phases of the case as was then presented for consideration; but during the opening argument to the jury...

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19 cases
  • Yerger v. Smith
    • United States
    • Missouri Supreme Court
    • December 18, 1935
    ... ... 184, 185; Yore ... v. Transfer Co., 147 Mo. 688; Roper v ... unloaded a car of coal for the defendant, Reis-Moran Lumber ... or engaged in hauling a vehicle," and that they ... "were in the same ... without displaying a light on the heavy I-beams." The ... Court of Appeals held that ... ...
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    ... ... The main-line tracks were solid, heavy tracks and the train ... was coasting through ... front of the engine piled high with coal so as to shut out ... the engineer's and ... ...
  • Brickell v. Fleming
    • United States
    • Missouri Supreme Court
    • February 26, 1926
    ...note his or their exceptions thereto, if desired, or to ask other instructions explanatory thereof, if necessary." Yore v. Transfer Co., 49 S. W. 855, 857, 147 Mo. 679, 687. See, also, Dowzelot v. Rawlings, 58 Mo. 75, 78; Wilkinson v. Dock Co., 14 S. W. 177, 102 Mo. The jury had been out ab......
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    • United States
    • Missouri Supreme Court
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    ... ... Her uterus (which is unusually heavy ... this soon after childbirth) was completely ... necessary.' Yore v. Transfer Co., 49 S.W. 855, 857, 147 ... Mo ... ...
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