Edwards v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) It was the duty of respondent to stop, look and listen, before driving on the tracks on which he saw a train rapidly approaching. His testimony shows he looked once when fifty yards from the track on which train was, and did not look again until the train was nearly on him, because, not seeing the flagman, he assumed that it was safe. In Schneider v. Eailroad, 9 Amer. Neg.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) It was the duty of respondent to stop, look and listen, before driving on the tracks on which he saw a train rapidly approaching. His testimony shows he looked once when fifty yards from the track on which train was, and did not look again until the train was nearly on him, because, not seeing the flagman, he assumed that it was safe. In Schneider v. Eailroad, 9 Amer. Neg. Eeps., 74-77, the defendant had neglected to maintain either gates or flagmen, but the plaintiff ■could have seen the train, and neglecting to do so, was…
1Opinion of the CourtGoode, J.
Respondent was injured by a locomotive drawing a- train of ears on one of appellant’s tracks in the city of Mexico as he was driving a wagon and team over it at a public crossing where there were eight tracks running east and west, four on the south belonging to the Wabash Railway Company, then one transfer track connecting the Wabash and the tracks of the Chicago & Alton Railway Company, then three Chicago & Alton tracks, the middle one of these being the main line and the one on which the respondent’s wagon was struck. A watchman had been kept for a long time by the appellant company at…
2Cases cited15 opinions
- Pennsylvania Co. v. StegemeierIndiana Supreme Court · 1889
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
- Chicago, St. Louis & Pittsburg Railroad v. HutchinsonIllinois Supreme Court · 1887
- Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Perkins v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1932
- Schaub v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1908
- Baxter v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Murrell v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1904
- Bollinger v. SchaffSupreme Court of Kansas · 1923
9 more not listed; retrieve them via the Exa API.