Holmes v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. —Hon. N. M. Bradley, Judge. (1) The positive, affirmative testimony of witnesses, who heard a bell ring or a whistle sounded, is not contradicted by those who did not hear it, unless the attention of the latter was called thereto, and they failed to hear the same. Henze v. Railroad, 71 Mo. 638; Britton v. Railroad, 81 N. W. 254; Culhans v. Railroad, 60 N. T. 137; Mc-Keever v. Railroad, 88 N. Y. 667; Hrias v. Railroad, 152 Pa.
Read the full summary
Appeal from Johnson Circuit Court. —Hon. N. M. Bradley, Judge. (1) The positive, affirmative testimony of witnesses, who heard a bell ring or a whistle sounded, is not contradicted by those who did not hear it, unless the attention of the latter was called thereto, and they failed to hear the same. Henze v. Railroad, 71 Mo. 638; Britton v. Railroad, 81 N. W. 254; Culhans v. Railroad, 60 N. T. 137; Mc-Keever v. Railroad, 88 N. Y. 667; Hrias v. Railroad, 152 Pa. St. 326; Bohan v. Railroad, 61 Wis. 391; Railroad v. Elliott, 28 Oh. St. 346; Stitt v. Huidekopers, 17 Wall. 393; Railroad v. Pierce,…
1Opinion of the CourtValliant, J.
Plaintiffs’ child, eight years old, was struck and killed by a locomotive engine drawing a passenger train on defendant’s road at the crossing *155of Warren avenne in the city of Warrensburg. The petition charges that the injury was caused by the negligence of defendant’s servants operating the engine. This is the. second appeal in this case.
At the first trial the court gave a peremptory instruction to the jury at the close of the plaintiff’s evidence to find for the defendant; from the judgment following the verdict on that instruction the plaintiffs appealed. On that appeal this court reversed…
2Cases cited2 opinions
- Holmes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Livingston v. Wabash RailroadSupreme Court of Missouri · 1902
3Cited by20 opinions
- Anderson Ex Rel. Anderson v. ButlerSupreme Court of North Carolina · 1974
- Hornbuckle v. McCartySupreme Court of Missouri · 1922
- Graefe v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Schulz v. SmercinaSupreme Court of Missouri · 1927
- Bronson v. Kansas CityMissouri Court of Appeals · 1959
15 more not listed; retrieve them via the Exa API.