Woodard v. Bush
Supreme Court of Missouri
Appeal from Jaekson Circuit Court. — Ron. Thomas B. 1 Buckner, Judge. (1) The demurrer to the plaintiff’s evidence was properly sustained because of deceased’s contributory negligence. (a) If obstructions shut off deceased’s view until his truck was so close to the main line track as to be struck by passing trains, it was Ms duty under the Kansas law to stop bis truck and. ascertain whether the track was clear before attempting to cross. -Wehe v. Ry.
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Appeal from Jaekson Circuit Court. — Ron. Thomas B. 1 Buckner, Judge. (1) The demurrer to the plaintiff’s evidence was properly sustained because of deceased’s contributory negligence. (a) If obstructions shut off deceased’s view until his truck was so close to the main line track as to be struck by passing trains, it was Ms duty under the Kansas law to stop bis truck and. ascertain whether the track was clear before attempting to cross. -Wehe v. Ry. Co., 97 Kan. 794. (b) If obstructions did not shut off Ms view, and before reaching the main line track the deceased, by- looking, could have…
1Opinion of the CourtGraves-, J.
Action for the alleged negligent killing of Robert L. Woodard, by one of the trains operated by the defendant. Deceased was a resident of the State of Missouri, but the petition is bottomed upon certain Kansas statutes, duly pleaded, as well as certain ordinances of the city of Kansas City in the State of Kansas. The negligence charged to the defendant is (1) the failure to have a watchman at the crossing where the deceased was killed, in Kansas City, Kansas, (2) running; the train at a speed greatly in excess of six miles an hour, the rate of speed duly fixed by another ordinance of said…
2Cases cited11 opinions
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Wehe v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Bunton v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1917
- Cathcart v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Thompson v. ShainSupreme Court of Missouri · 1943
- Wright v. Kansas City Structural Steel Co.Missouri Court of Appeals · 1941
- State Ex Rel. Winkle Terra Cotta Co. v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1929
- Meredith v. TERMINAL RR ASS'N OF ST. LOUTSMissouri Court of Appeals · 1953
- Hutchison v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
6 more not listed; retrieve them via the Exa API.