Cherry v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon, J. G. Sheppard, Judge. (1) It is negligence as a matter of law for one to climb over the couplings of cars standing over a" public crossing.
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Appeal from Butler Circuit Court. — Hon, J. G. Sheppard, Judge. (1) It is negligence as a matter of law for one to climb over the couplings of cars standing over a" public crossing. Reimer v. Railroad, 46 Fed. 344; Railroad v. Pinchin, 13 N. E. 677; Andrews v. Railroad, 12 S. W. 213; Smith v. Railroad, 7 N. W. 398; Lewis v. Railroad, 38 Md. 588. (2) A child twelve years and nine months old, possessing the intelligence and capacity of plaintiff is treated as sui juris when the question of his contributory negligence is in issue. McGhee v. Railroad, 114 S. W. 33; Deechner v. Railroad, 98 S. "W.…
1Opinion of the CourtCox, J.
Action for damages for personal injury. Judgment for plaintiff for $1750 and defendant has appealed.
The injury occurred in November, 1909. Plaintiff was at that time twelve years and nine months old. The place of the injury was on Cedar street in the city of Poplar Bluff where the tracks of defendant cross the street. This street was not traveled much at that point at that time but was a public street and was traveled to some extent. Defendant’s servants often left-freight cars standing on its switch track across this street which so blocked its passage that pedestrians were compelled to, and…
2Cases cited7 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Mayers v. PaxtonTexas Supreme Court · 1890
- Walker v. Wabash RailroadSupreme Court of Missouri · 1906
- Corcoran v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
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3Cited by7 opinions
- Turner v. City of MoberlyMissouri Court of Appeals · 1930
- Dodwell Ex Rel. Williams v. Missouri Pacific RailroadSupreme Court of Missouri · 1964
- Baltimore & O. R. Co. v. PapaCourt of Appeals for the D.C. Circuit · 1943
- Green ex rel. Green v. United Railways Co.Missouri Court of Appeals · 1912
- Stratton v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1951
2 more not listed; retrieve them via the Exa API.