Cornett v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Hon. Fred Lamb, Judge. (1) Crossing signals are intended solely for the protection of persons and property at the crossing and a failure to give a crossing- signal will not render the company liable for animals injured if not at the crossing. 33 Cyc. 1214, text and note 32 with cases cited; Wasson v. McCook, 80 Mo.
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Appeal from Linn Circuit Court. — Hon. Fred Lamb, Judge. (1) Crossing signals are intended solely for the protection of persons and property at the crossing and a failure to give a crossing- signal will not render the company liable for animals injured if not at the crossing. 33 Cyc. 1214, text and note 32 with cases cited; Wasson v. McCook, 80 Mo. App. 483; Degonia v. Railroad, 224 Mo. 592; Bell v. Railroad, 72 Mo. 58; 2 White on Personal Injuries, sec. 964; Evans v. Railroad, 62 Mo. 49; Wasson v. Railroad, 70 Mo. App. 393; Burger v. Railroad, 112 Mo. 238; • Rohback v. Railroad, 43 Mo. 187;…
1Opinion of the CourtJohnson, J.
Plaintiff brought suit before a justice of the peace for the negligent killing of a cow at a private railroad crossing on his farm in Linn county. A trial in the circuit court on appeal resulted, in a judgment for plaintiff and the defendant railroad company appealed.
The railroad, which runs north and south over plaintiff’s farm, was enclosed with lawful fences and was crossed by a private farm crossing maintained by defendant for the use and benefit of plaintiff. It is admitted that the crossing, fences, cattle guards and crossing gates were of lawful construction and in good repair.…
2Cases cited9 opinions
- Mann v. DoerrSupreme Court of Missouri · 1909
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Maxey v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Bishop v. Chicago, Milwaukee & St. Paul Ry. Co.North Dakota Supreme Court · 1895
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3Cited by2 opinions
- Anderson v. WellsMissouri Court of Appeals · 1925
- Fowler v. Missouri-Kansas-Texas RailroadMissouri Court of Appeals · 1935