Whalen v. St. Louis, Kansa City & Northern Railway
Supreme Court of Missouri
Appeal from, Ray Common Pleas, I. The agents of defendant liad no right to presume that there was any one upon the track, especially as it was the usual time for running the train, and at night (Penn. EB, ' Co. vs. Henderson, 33 Penn., 325; C'h. & R. I. R. R. Co. vs. Still, 19 111., 499 ; Barham vs. St. L. & I. M. R. R'. Co.,. 56 ' Mo., 338 ; Robinson vs. Cue, 22 Vt., 213 ; Redf. Railw., § 193' aud authorities cited ; 44 Penn.
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Appeal from, Ray Common Pleas, I. The agents of defendant liad no right to presume that there was any one upon the track, especially as it was the usual time for running the train, and at night (Penn. EB, ' Co. vs. Henderson, 33 Penn., 325; C'h. & R. I. R. R. Co. vs. Still, 19 111., 499 ; Barham vs. St. L. & I. M. R. R'. Co.,. 56 ' Mo., 338 ; Robinson vs. Cue, 22 Vt., 213 ; Redf. Railw., § 193' aud authorities cited ; 44 Penn. St., 375 ; Fiulaysofl, Adm’x, ' vs. The Ch., B. & Q. R. R., 1 Dill., 579); and would be ' held only if, after becoming aware of plaintiff’s danger, they failed to use…
1Opinion of the CourtWagner, Judge
This was an action for damages inflicted by a train of cars on defendant’s road, in crushing plaintiff’s foot, whereby it became necessary to have one of his legs amputated.
The facts in the case are briefly these: The Richmond and Lexington junction, where the accident happened, is in a small town, and the depot is surrounded entirely by railroad tracks, so that in going to the depot it is necessary to cross a track, from whatever side it is approached. On the night *325when the injury occurred, between eight and nine o’clock the plaintiff, as he alleges, started to go to the depot for the…
2Cited by28 opinions
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
- Muehlhausen v. St. Louis RailroadSupreme Court of Missouri · 1886
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