Garrett v. Wabash Railroad
Missouri Court of Appeals
Appeal, from Montgomery Circuit Court. — Hon. J. D. Barnett, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, and the court erred in overruling defendant’s objection, to the admission of any evidence; the petition showing contributory negligence of deceased and no allegation bringing the case within the humanitarian doctrine.
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Appeal, from Montgomery Circuit Court. — Hon. J. D. Barnett, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, and the court erred in overruling defendant’s objection, to the admission of any evidence; the petition showing contributory negligence of deceased and no allegation bringing the case within the humanitarian doctrine. Nivert v. Railroad, 135 S. W. 33; authorities cited under point 3. (2) The deceased 'was guilty of contributory negligence as a matter of law, in attempting to cross the main track without looking and listening for approaching…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of the death of her husband through the wrongful, negligent act of defendant. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff’s husband came to his death while walking upon defendant’s railroad tracks in the village of Jonesburg, Missouri, through being run upon by defendant’s east-bound passenger train. Finding the public crossing obstructed by a freight train, decedent *67was walking eastward from the depot along the tracks, to the end of crossing at another place, when defendant’s eastbound passenger suddenly came…
2Cases cited8 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- McPeak v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Schmidt v. St. Louis Transit Co.Missouri Court of Appeals · 1909
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3Cited by5 opinions
- Wack v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Carter v. Wabash RailrodMissouri Court of Appeals · 1916
- Gale v. Helmbacher Forge & Rolling Mill Co.Missouri Court of Appeals · 1911
- Jackson v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1931
- Troll v. St. Louis Portland Cement Co.Missouri Court of Appeals · 1911