Kirkland v. Bixby.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Clarence A. Burney, Judge. (1) The demurrer to the evidence should have been sustained, (a) The engine crew had the right to expect a clear track. State ex rel. Lusk v. Ellison, 271 Mo. 463; Woods v. Ry. Co., 187 S. W. 11; Gabal v. Ry.
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Appeal from Jackson Circuit Court. — Hon. Clarence A. Burney, Judge. (1) The demurrer to the evidence should have been sustained, (a) The engine crew had the right to expect a clear track. State ex rel. Lusk v. Ellison, 271 Mo. 463; Woods v. Ry. Co., 187 S. W. 11; Gabal v. Ry. Co., 251 Mo. 257; Rashall v. Railroad, 249 Mo. 509; Van Dyke v. Railroad, 230 Mo. 259; Degonia v. Railroad, 224 Mo. 564; Cahill v. Railroad, 205 Mo. 393; Aerkfetz v. Humphreys, 145 U. S. 419. (b) No custom was pleaded or proved which would change appellants’ duty. Nivert v. Railroad, 232 Mo. 626; McMeins v. United Rys.…
1Opinion of the CourtCraves, J.
Action for damages for the alleged negligent killing of Albert Anderson in January, 1914. Defendants were the receivers of the Wabash Railroad Company, and deceased was section foreman on the line of said road at or near Randolph, Missouri, near Kansas City, Missouri. Anderson was killed in a collision between the hand-car upon which he was going to his work and one of defendants’ trains. The negligence charged in the petition upon which trial was had is as follows:
“Plaintiff alleges that the defendants were negligent and careless in advising said Albert Anderson that he could proceed safely…
2Cases cited3 opinions
- State v. TerrySupreme Court of Missouri · 1891
- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- Mugan v. WheelerSupreme Court of Missouri · 1912
3Cited by30 opinions
- Commonwealth Bonding & Casualty Insurance v. BryantTexas Supreme Court · 1922
- Jones v. Southern Pacific Co.California Court of Appeal · 1925
- Byam v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- Martin v. Wabash Railway Co.Supreme Court of Missouri · 1930
- Clark v. ReisingSupreme Court of Missouri · 1937
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