Russell v. Receivers of Atchison, Topeka & Santa Fe Railroad
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The accident did not occur at the crossing of a traveled public road or street. Failure to give the signals required by statute was, at most, only evidence from which the jury might find defendants guilty of negligence — it was not negligence per se. R. S. 1889, sec. 2608; R. S. 1889, ck. 140; Bauer v. R’y, 69 Mo. 219; Hodge v. R’y, 71 Mo. 50; State ex rel. v. R’y, 19 Mo.
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Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The accident did not occur at the crossing of a traveled public road or street. Failure to give the signals required by statute was, at most, only evidence from which the jury might find defendants guilty of negligence — it was not negligence per se. R. S. 1889, sec. 2608; R. S. 1889, ck. 140; Bauer v. R’y, 69 Mo. 219; Hodge v. R’y, 71 Mo. 50; State ex rel. v. R’y, 19 Mo. App. 104; State ex rel. v. R’y, 46 Mo. App. 446; R’y v. Long, 27 Kan. 684; Cordell v. R’y, 64 N. Y. 535. (2) No action can be maintained for failure to…
1Opinion of the CourtGill, J.
statement On October 12, 1894, the plaintiff was severely injured in a collision with a passenger train of the Santa Fe road at a street crossing in the village of Elmer. He brought this suit for damages, basing his claim on the alleged negligence of defendant’s train men, in that no bell was rung or whistle sounded as the crossing was approached. Plaintiff had a verdict and judgment below for $1,600, and defendant appealed.
For a more complete understanding of the facts we here insert a plat used at the trial, and which is admitted to be substantially correct.
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*93From this sketch it will be seen…
2Cases cited5 opinions
- Missouri Pacific Railway Co. v. LeeTexas Supreme Court · 1888
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Kelly v. Southern Minnesota Railway Co.Supreme Court of Minnesota · 1881
- Lillstrom v. Northern Pacific RailroadSupreme Court of Minnesota · 1893
- State v. St. Joseph, St. Louis & Santa Fe RailroadMissouri Court of Appeals · 1891
3Cited by3 opinions
- Yazoo & M. V. R. v. WilliamsMississippi Supreme Court · 1917
- Smith v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- State ex rel. Simpson v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910