Laughlin v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. Howard Gray, Judge. (1) The deceased was guilty of such contributory negligence in going upon defendant’s track in its switch yard, while its engine and cars were engaged in switching thereon, in plain sight and hearing, without taking any precaution whatever for his own safety, as to defeat a recovery.
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Appeal from Jasper Circuit Court. — Eon. Howard Gray, Judge. (1) The deceased was guilty of such contributory negligence in going upon defendant’s track in its switch yard, while its engine and cars were engaged in switching thereon, in plain sight and hearing, without taking any precaution whatever for his own safety, as to defeat a recovery. Davies v. Railroad, 159 Mo. 1; Powell v. Railroad, 76 Mo. 80; Malow v. Railroad, 84 Mo. 270; Maxey v. Railroad, 113 Mo. 1; Boyd v. Railroad, 105 Mo. 371; Sims v. Railroad, 92 S. W. 909; Clancy v. Railroad, 91 S. W. 521; Tanner v. Railroad, 161 Mo. 497.…
1Opinion of the CourtJohnson, J.
This suit is prosecuted by the widow of Charles B. Laughlin, deceased, to recover ■damages for the death of her husband which she alleges was caused by the negligence of defendant. A trial to a jury resulted in a verdict for plaintiff in the sum of five thousand dollars. Later, a remittitur of five hundred dollars was filed by plaintiff in the circuit court and judgment was entered in her favor for forty-five hundred dollars. An appeal was allowed defendant to this court. We transferred the case to the Supreme Court on jurisdictional grounds, but that court re-transferred it, and the cause is…
2Cases cited2 opinions
- Mann v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Williams v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
3Cited by5 opinions
- Southern Ry. Co. v. WhaleyTennessee Supreme Court · 1936
- State v. Great Northern Railway Co.North Dakota Supreme Court · 1926
- Zeis v. Great Northern Railway Co.North Dakota Supreme Court · 1931
- Heberer v. C. M. St. P. & P. Ry. Co.South Dakota Supreme Court · 1931
- Pittsburg County Ry. Co. v. CampbellSupreme Court of Oklahoma · 1925