Harrell v. Berberich

Decided July 11, 1949

Good law ✅— No negative treatment on recordhow we know

Decided 1949-07-11

How this case has been cited

Cited by 24 later decisions — most recently March 1972

24 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The foregoing opinion by BARRETT, C., is adopted as the opinion of the court. All the judges concur.

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Case posture

Posture: SUMMARY OF DECISION Plaintiff was injured in a collision at a street intersection between his taxicab and defendants' truck. Defendants' evidence is available to plaintiff as to whether defendants' truck could have been stopped or its speed slackened. Failure of defendants' truck driver to observe a stop light was an element in plaintiff's humanitarian case. There was evidence to support an instruction that plaintiff was oblivious. The discretion of the trial court was not abused in refusing a continuance. Plaintiff's jury argument was not erroneous, and defendants' jury argument was not prejudicially restricted. The verdict was not excessive.Appeal from Circuit Court of City of St. Louis; Hon. Robert L. Aronson, Judge. AFFIRMED.

Source: CourtListener