Legal Opinion

Farris v. St. Louis & San Francisco Railroad

Missouri Court of Appeals

Decided December 23, 1912PublishedCited by 6 opinions

Appeal from Crawford Circuit Court. — IIon. L. B. Woodside, Judge. (1) There being a clear space as deceased approached defendant’s main track where he was struck and killed, and after he passed the obstruction of the granary and car standing on the sidetrack and before he entered upon the main track from which he could see, had he looked, the approaching train for a distance something like nine hundred feet, as disclosed by the evidence, he was guilty of such contributory…

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Appeal from Crawford Circuit Court. — IIon. L. B. Woodside, Judge. (1) There being a clear space as deceased approached defendant’s main track where he was struck and killed, and after he passed the obstruction of the granary and car standing on the sidetrack and before he entered upon the main track from which he could see, had he looked, the approaching train for a distance something like nine hundred feet, as disclosed by the evidence, he was guilty of such contributory negligence in going upon the track immediately in front of the approaching train as bars recovery, and defendant’s…

1Opinion of the CourtGray, J.

-This is an action by the plaintiff, administrator of the estate of J. H. Calvin, deceased, to recover damages for his death alleged to have been caused by defendant’s negligence. The answer denied negligence on defendant’s part, and alleged that Calvin’s death was due to, and was the direct result of, his own negligence. The issues were submitted to a jury, and a verdict for $2000 returned.

*396It is conceded that Calvin was killed by being struck by a passenger train of defendant at a crossing in the village of Moselle, this State, on the 29th day of March,'1911. Moselle has a population'of…

2Cases cited12 opinions

  1. Burge v. Wabash RailroadSupreme Court of Missouri · 1912
  2. Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
  3. Coleman v. . R. R.Supreme Court of North Carolina · 1910
  4. Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
  5. Beech v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1911

7 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Morser v. Southern Pacific Co.Oregon Supreme Court · 1924
  2. Jackson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
  3. McQuitty v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1917
  4. Holtkamp v. Chicago Burlington & Quincy RailroadMissouri Court of Appeals · 1921
  5. Fagg v. Missouri & North Arkansas RailroadMissouri Court of Appeals · 1914

1 more not listed; retrieve them via the Exa API.

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