Terry v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — Hon, 0. 0. Bland3 Tudge. The statute does not require both the whistle to be sounded aud the bell rung. It is sufficient if either is done, and for aught that appears in the counts in the petition one or the other may have been done.
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Appeal from Phelps Circuit Court. — Hon, 0. 0. Bland3 Tudge. The statute does not require both the whistle to be sounded aud the bell rung. It is sufficient if either is done, and for aught that appears in the counts in the petition one or the other may have been done. Van Mote v. Railroad, 70 Mo. 641; Turner v. Railroad, 78 Mo. 680. Under the doctrine laid down in this state the second count, to state a cause of action, should have alleged that neither the whistle was sounded, nor the bell rung, and the same may be said of the third count.
1Opinion of the CourtBlack, J.
The plaintiff, a minor twelve years of age, who sues by his next friend, was injured by the defendant’s engine and cars whilst driving an ox team and wagon along a public road and over the railroad crossing. The court directed a verdict for the defendant on the first and fourth counts of the petition, and they need not be noticed further than to say, the first is based upon alleged negligence in employing an incompetent engineer, and the second for failure to erect a sign board at the crossing.
There was a motion in arrest of judgment on the second and third counts, which was overruled, and…
2Cases cited2 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Van Note v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
3Cited by7 opinions
- Rollison v. Wabash RailroadSupreme Court of Missouri · 1913
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Leavell v. ThompsonMissouri Court of Appeals · 1943
- Fowler v. Missouri-Kansas-Texas RailroadMissouri Court of Appeals · 1935
- Mitchell v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
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