127 Mo. App. 304 | Mo. Ct. App. | 1907
Appeal from an order sustaining a motion for a new trial. The action is one for an injury- to a horse, inflicted by a trolley car operated by appellant. The accident happened August 16, 1905, about three hundred feet east of the intersection of Hamilton and Easton avenues and on the latter thoroughfare. Respondent is engaged in the grocery business at No. 5899 Easton avenue, which is on the north side of the street a short distance from the scene of the occurrence. A horse and delivery wagon in charge of one of respondent’s employees by the name of Isaac Alexander, was driving toward respondent’s establishment from the east. That is to say, the boy was driving westward on the south side of Easton avenue. That street was torn up in the vicinity on account of repair work the street railway company was doing. The paving in the street car tracks had been taken up- and also a foot south of the tracks. This left a driveway about fourteen or fifteen feet wide between the south curb and the edge of the street where the paving had been removed. Immediately in front of respondent’s horse and wagon and proceeding in the same, direction, were another horse and wagon owned by the Nelson-Morris Company. The latter were stopped in their westward course by a buggy, and when they stopped, Alexander, who was in charge of respondent’s wagon, attempted to drive around the Nelson-Morris wagon and in doing* so one wheel of respondent’s wagon locked in a wheel of the other. Alexander had attempted to drive around the M'orris wagon by going between it and the torn-up part of the street, there being