Ayers v. Wabash Railroad
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — .How. J'no. P. Butler, Judge. (1) Notwithstanding appellant was a trespasser and guilty of contributory negligence, the railroad company is still liable for the injury, if it saw, or by the exercise of ordinary care could have seen, the dangerous position he was in, in time to have averted the calamity.
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Appeal from Carroll Circuit Court. — .How. J'no. P. Butler, Judge. (1) Notwithstanding appellant was a trespasser and guilty of contributory negligence, the railroad company is still liable for the injury, if it saw, or by the exercise of ordinary care could have seen, the dangerous position he was in, in time to have averted the calamity. The law is well settled in this State that the party who has the last fair opportunity of avoiding the accident is not excused by the negligence of any one else. Fearons v. Railroad, 180 Mo. 208; Scullin v. Railroad, 83 S. W. 760; Klockenbrink v. Railroad,…
1Opinion of the CourtValliant, J.
Plaintiff was. struck by a locomotive on defendant’s railroad and suffered personal injuries; he brings this suit for damages. The negligence ascribed to the defendant in the petition is failure to sound the bell or whistle on approaching the point where plaintiff was, and failure of the engineer to use the appliances at hand to stop the train in-time to avoid striking the plaintiff after seeing him in a position of peril or after the engineer by ordinary care might have seen him. The petition states that defendant’s track was and had been for many years a well-*233recognized public path for…
2Cases cited9 opinions
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- State v. SoperSupreme Court of Missouri · 1899
- Hume v. HopkinsSupreme Court of Missouri · 1897
- State v. JonesSupreme Court of Missouri · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1910
- State v. GardnerSupreme Court of Missouri · 2000
- State v. MurphySupreme Court of Missouri · 1936
- Massman v. MuehlebachMissouri Court of Appeals · 1936
14 more not listed; retrieve them via the Exa API.