Chicago & Alton Railroad v. Kansas City Suburban Belt Railroad
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — IIon. J. IT. Slover, Judge. (1) The main question in this case was raised by the demurrer to the evidence and the peremptory instruction requested by the defendant at the close of all the evidence.
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Appeal from the Jackson Circuit Court. — IIon. J. IT. Slover, Judge. (1) The main question in this case was raised by the demurrer to the evidence and the peremptory instruction requested by the defendant at the close of all the evidence. Even if we assume that the defendant had no right to be in plaintiff's yards at all, and that being there it was its duty to flag in both directions, nevertheless, the conclusion is inevitable, that this accident was caused hy the contributory negligence of plaintiff in running into the defendant’s train. (2) It has been decided a number of times in this…
1Opinion of the Court
SMITH, P. L-
Statement. This is an action brought by the plaintiff, the Chicago & Alton Railroad Company, against the defendant, the Kansas City Suburban Belt Railroad Company, for damages for placing and leaving some cars on a passing, or meeting track, in the yards of defendant, in the way of one of its passenger trains coming into Kansas City from St. Louis, resulting in a collision between such passenger train and the cars thus left by defendant on plaintiff’s track, thereby injuring plaintiff’s engine, postal car and track, and destroying a Wisconsin Central car loaded with com and…
2Cases cited16 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
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3Cited by2 opinions
- Adams v. CareyOregon Supreme Court · 1911
- Parker-Washington Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1912