The Southwestern Reporter Volume 34 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 Excerpt: ...St. Louis, November 29, 1890, through the alleged careless driving of a servant of defendant. The averments of the petition, so far as they relate to the negligence charged, are "that while plaintiff Mary Taylor was passing along whnt is known as the 'sidewalk' of a certain public street in the city of St. Louis, known as 'Chouteau Avenue, ' and in the vicinity where the Missouri Pacific Railroad tracks cross said Chouteau avenue, the servant of defendant so carelessly drove and managed a horse and wagon used by him. and drove the same at such a rapid gait, over and along snid Chouteau avenue, and over and upon said portion of said street which was known as the 'sidewalk' thereof, as aforesaid, that, by rea-' son of his negligence in said respect, plaintiff Mary Taylor was struck by said wagon and horse as aforesaid, and violently dashed and thrown to the ground: that while plaintiff was passing along what is known as the sidewalk of said public street, as aforesaid, she had no reason to apprehend any danger from said wagon or horse, as aforesaid, nor could said injury have been inflicted save through the gross mismanagement and carelessness, amounting to criminal neglect, on the part of the servant of defendant, as aforesaid." The defendant, for answer, filed a general denial, and at the trial, among other facts, the testimony disclosed that while the plaintiff Mary Taylor was walking west on Chouteau avenue, along the north side of the street, near to where Chouteau avenue crosses the Missouri Pacific tracks, she was run into by a buggy and horse belonging to and being used by one of the defendant's servants in the prosecution of its business; and that she received very severe injuries, as a result of which, the attending physician says, "sh...