Turner v. St. Louis & Hannibal Railway Co.
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Eon. David H. Eby, Judge. Appellant’s instructions numbers seven and eight should have been given. Under section 1102, Revised Statutes 1899; actual collision is not necessary to create liability as under section 1105 of said statute. The statutory signal not being given, appellant was induced to approach the crossing and was injured by his horse taking fright at the train, respondent became liable.
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Appeal from Pike Circuit Court. — Eon. David H. Eby, Judge. Appellant’s instructions numbers seven and eight should have been given. Under section 1102, Revised Statutes 1899; actual collision is not necessary to create liability as under section 1105 of said statute. The statutory signal not being given, appellant was induced to approach the crossing and was injured by his horse taking fright at the train, respondent became liable. Norton v. Railroad, 113 Mass. 366; Prescott v. Railroad, 113 Mass. 370; Shaw v. Railroad, 8 Gray 45; Pollock v. Railroad, 124 Mass. 158; Railroad v. Barnett, 59…
1Opinion of the CourtGoode, J.
Action for damages for a personal injury. The accident occurred May 4, 1906, in the city of Bowling Green. Plaintiff, who had resided in said city for about two years, was driving along Centennial avenue, an east and west thoroughfare, intersected by defendant’s railway running from northwest to southeast. The hour was 1:30 p.m. Plaintiff was in an uncovered buggy drawn by a single horse. He testified he pulled the horse almost to a stop when he reached the intersection of Centennial avenue and the north and south street nearest the railway crossing, which street was some two hundred feet or…
2Cases cited9 opinions
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- Hill v. Portland & Rochester RailroadSupreme Judicial Court of Maine · 1867
- Norton v. Eastern RailroadMassachusetts Supreme Judicial Court · 1873
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3Cited by2 opinions
- Martin v. Butler County RailroadMissouri Court of Appeals · 1913
- Hyder Ex Rel. Hyder v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1925