Prewitt v. Eddy
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Richabd Field, Judge. (1) The court erred in refusing to give the first and third instructions asked by defendants. First. Because the only negligence attempted to be shown on the part of defendants was in running the train which struck the plaintiff at a rate of speed in excess of the limit prescribed by the ordinance of the city of Moberly, which did not apply to the place where the accident occurred. Second.
Read the full summary
Appeal from Pettis Circuit Court. — Hon. Richabd Field, Judge. (1) The court erred in refusing to give the first and third instructions asked by defendants. First. Because the only negligence attempted to be shown on the part of defendants was in running the train which struck the plaintiff at a rate of speed in excess of the limit prescribed by the ordinance of the city of Moberly, which did not apply to the place where the accident occurred. Second. Because the evidence clearly establishes that the plaintiff went upon the track at a point so near to the approaching train that it could not…
1Opinion of the CourtGtanxt, P. J.
This action was commenced in the circuit; court of Pettis county for damages, caused by a train of cars operated by defendants, in the' city of Moberly, striking plaintiff and seriously injuring him. The answer was a general denial and contributory negligence.
The ordinances of the city prohibited trains running over six miles an hour.
Plaintiff also introduced in evidence a plat of a portion of the M. K. & T. Railroad and the surrounding grounds in the city of Moberly, and introduced as a witness a Mr. Perris, who had made said plat, and explained the same to the following effect:
The M. K. &…
2Cases cited18 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Prewitt v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1896
- Chicago, R. I. & P. Ry. Co. v. CaulfieldCourt of Appeals for the Eighth Circuit · 1894
7 more not listed; retrieve them via the Exa API.