Burge v. Wabash Railroad
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. A. P. Terrill, Judge. (1) The defendant’s demurrer at the close of the evidence for the plaintiff and its demurrer at the close of all the evidence, should have been granted. At the close of the evidence for the plaintiff, the evidence showed that a view of the train nine hundred feet away could be obtained at any time while a person was going up the incline to the tracks or while upon the tracks.
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Appeal from Randolph Circuit Court. — Hon. A. P. Terrill, Judge. (1) The defendant’s demurrer at the close of the evidence for the plaintiff and its demurrer at the close of all the evidence, should have been granted. At the close of the evidence for the plaintiff, the evidence showed that a view of the train nine hundred feet away could be obtained at any time while a person was going up the incline to the tracks or while upon the tracks. Furthermore the evidence showed that the train was heard by a person further away from the track than the deceased, at the time deceased was thirty-five…
1Opinion of the CourtGraves, J.
This cause has a checkered career. Going to the Kansas City Court of Appeals from the trial court it came here upon a constitutional question. Assigned to Division One of this court and there written by one of our learned commissioners, the judges of that division failed to agree upon an opinion and thus a transfer to this court. The case made runs along these lines:
Plaintiff is the widow of T. H. B. Burge, an aged gentleman, who was struck and killed by one of defendant’s passenger trains at a public crossing near Huntsville in Randolph county. The negligence charged in the petition is:
“That…
2Cases cited14 opinions
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Myers v. City of KansasSupreme Court of Missouri · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Lappin v. PrebeSupreme Court of Missouri · 1939
- Rollison v. Wabash RailroadSupreme Court of Missouri · 1913
- State Ex Rel. Alton Railroad Co. v. ShainSupreme Court of Missouri · 1940
80 more not listed; retrieve them via the Exa API.