Crumpley v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. (1) A recovery of five thousand dollars is only authorized in a case falling within the provisions of section 2121, Revised Statutes, 1879. That section does not authorize the recovery of any such penalty in the case of a citizen who is killed while driving along the public road in consequence of the failure of the railroad company to construct and maintain a crossing over its track.
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Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. (1) A recovery of five thousand dollars is only authorized in a case falling within the provisions of section 2121, Revised Statutes, 1879. That section does not authorize the recovery of any such penalty in the case of a citizen who is killed while driving along the public road in consequence of the failure of the railroad company to construct and maintain a crossing over its track. R. S. 1879, sec. 2121. (2) Plaintiff cannot recover under the first subdivision of that section, because the “negligence, unskilfulness or criminal…
1Opinion of the CourtBlack, J.
— This is an action by the widow of Samxxel Crumpley to recover damages in consequence of the death of her hxxsband, who was killed by one of defendant’s trains of cars, while he was driving a team over defendant’s railroad at a public crossing. The causes of action set out in the petition, so far as brought forward as grounds of recovery, are, first, a negligent failure on the part of defendant’s servants in charge of the train to ring the bell or sound the whistle, as required to do by section 806, R. S., 1879, and second, a failure on the part of the defendant to construct and maintain the *37…
2Cases cited1 opinion
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
3Cited by19 opinions
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Crumpley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1892
- Huckleberry v. Missouri Pacific RailroadSupreme Court of Missouri · 1930
- Chicago, R. I. & P. Ry. Co. v. SharpCourt of Appeals for the Eighth Circuit · 1894
- Culbertson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1897
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