Rollison v. Wabash Railroad
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Nat. M. Shelton, Judge. - (1) The engineer testified that lie saw deceased in a perilous position in plenty .of time to warn him of Ms danger and that he did warn him; other witnesses testified that no warning was given; thus when defendant’s engineer admitted that he saw and realized the danger of the deceased and these witnesses testified no warning was given, the case should have been submitted to the jury.
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Appeal from Macon Circuit Court. — Hon. Nat. M. Shelton, Judge. - (1) The engineer testified that lie saw deceased in a perilous position in plenty .of time to warn him of Ms danger and that he did warn him; other witnesses testified that no warning was given; thus when defendant’s engineer admitted that he saw and realized the danger of the deceased and these witnesses testified no warning was given, the case should have been submitted to the jury. The sole question in this case is as to whether or not the same should have been submitted to the jury. The engineer testified that he saw the…
1Opinion of the CourtLamm, C. J.
Plaintiff, widow of William Rol-lison, sues in the Macon Circuit Court for statutory damages for her husband’s alleged negligent death at a railroad crossing in the country. When her testimony is in, defendant offers an instruction in the nature of a demurrer to the evidence. The court signifies an intention to give it. Thereat she takes a non-suit “with leave” and, failing to get it set aside on motion, takes an exception and on apt and timely steps comes up.
*531The question here is: Was there a case for the jury! That question hinging on the pleadings and facts, attend to them.
Assuming…
2Cases cited13 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Dutcher v. Wabash RailroadSupreme Court of Missouri · 1912
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Perkins v. Terminal Railroad Assn.Supreme Court of Missouri · 1937
- Poague v. KurnSupreme Court of Missouri · 1940
- Strom v. Des Moines & Central Iowa Railway Co.Supreme Court of Iowa · 1957
- Menke v. PeterschmidtSupreme Court of Iowa · 1955
- Keele v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1914
32 more not listed; retrieve them via the Exa API.