Stepp v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Qlay Circuit Court.—Hon Gf. W. Dunn,,. Judge. (1) The lower court erred in refusing to strike out the specifications of negligence in the petition, numbered, two, three, four, five and six. (2) The court erred in striking out part of defendant’s answer. (3) The court erred in admitting the testimony of W. R. Woodward that, under an observance of rule thirty-six, a passenger train going west would lose, in aproaching Minnaville, about two or three minutes.
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Appeal from Qlay Circuit Court.—Hon Gf. W. Dunn,,. Judge. (1) The lower court erred in refusing to strike out the specifications of negligence in the petition, numbered, two, three, four, five and six. (2) The court erred in striking out part of defendant’s answer. (3) The court erred in admitting the testimony of W. R. Woodward that, under an observance of rule thirty-six, a passenger train going west would lose, in aproaching Minnaville, about two or three minutes. Telfer v. Railroad, 30 N.. J. L. 188; Crows v. Railroad, 67 Maine 100 ; Kelly v. Railroad, 75 Mo. 138 ; Moody v. Railroad, 68…
1Opinion of the CourtBlack, J.
Plaintiff’s husband was run over and killed on the sixthof September, 1881, by one of defendant’ s passenger trains at the crossing of a public road at Minnaville in Clay county. She brings this suit to recover $5,000, and bases her right to recover in part upon the failure of the defendant to ring the bell or sound a whistle at the crossing. The train in question was not scheduled to, nor did it stop at, that place. Its regular time .was twenty-four minutes past nine o’clock in the afternoon. On this occasion it was half an hour late. *232The surroundings were such that a train going west, as…
2Cases cited8 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Fletcher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Davis v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1907
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
41 more not listed; retrieve them via the Exa API.