Brown v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Clinton Circuit Court, Hon. James M. Sandusky, Judge. The case is stated in the opinion. I. The court erred in refusing to direct a finding for defendant as prayed. There was a total failure of proof that the crossing was not a “good and sufficient crossing” ; or that defendant permitted it to remain in a dangerous condition, or that plaintiff ’ s wife was injured because of such condition.
Read the full summary
Appeal from Clinton Circuit Court, Hon. James M. Sandusky, Judge. The case is stated in the opinion. I. The court erred in refusing to direct a finding for defendant as prayed. There was a total failure of proof that the crossing was not a “good and sufficient crossing” ; or that defendant permitted it to remain in a dangerous condition, or that plaintiff ’ s wife was injured because of such condition. Field v. Davis, 27 Kan. 405. The plaintiff’s own evidence showed that the casualty was caused by the carelessness of plaintiff’s wife. BuescMng v. Oas Co., 73 Mo. 229; Mil-burn v. Railroad, 86…
1Opinion of the CourtEllison, J.
This action is for damages resulting to plaintiff by reason of personal injuries suffered by his wife resulting, as is alleged, from an unsafe, insufficient, and dangerous crossing constructed on a public highway across defendant’s track. The answer was a general denial. There was a judgment for plaintiff for the sum of eleven hundred dollars and defendant appeals.
It appears from the evidence that plaintiff and his wife were moving from the south part of this state and were traveling westward in two farm-wagons at the time *667of the injury. Plaintiff was driving" the wagon in advance and his…
2Cases cited5 opinions
- Turner v. Chillicothe & Des Moines City RailroadSupreme Court of Missouri · 1873
- Milburn v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Donovan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Meyer v. ChambersSupreme Court of Missouri · 1878
- Wells v. SharpSupreme Court of Missouri · 1874
3Cited by4 opinions
- State ex rel. Savings Trust Co. v. HallenMissouri Court of Appeals · 1912
- Schultze v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Clydesdale Horse Co. v. E. Bennett & SonMissouri Court of Appeals · 1893
- Larrance v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910