McWilliams v. Missouri Pacific Ry. Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jas. E. Goodrich, Judge. The place where plaintiff was injured being a public street in Kansas City, Missouri, plaintiff was not a trespasser by being on defendant’s tracks on said street and it was the duty of defendant’s servants to be on the look out for pedestrians and vehicles thereon at the time plaintiff was injured, and it was not incumbent upon plaintiff to prove the fact that said street was in the habit of being used by…
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Appeal from Jackson Circuit Court. — Hon. Jas. E. Goodrich, Judge. The place where plaintiff was injured being a public street in Kansas City, Missouri, plaintiff was not a trespasser by being on defendant’s tracks on said street and it was the duty of defendant’s servants to be on the look out for pedestrians and vehicles thereon at the time plaintiff was injured, and it was not incumbent upon plaintiff to prove the fact that said street was in the habit of being used by the public at or about the hour plaintiff was injured. Riggs v. Railroad, 216 Mo. 318, 319; Lang v. Railroad, 115 Mo. App.…
1Opinion of the CourtTrimble, J.
Suit to recover damages for injuries received on defendant’s tracks “where or near where Gillis street is crossed by First street” in Kansas City, Missouri. At the point in question defendant has four tracks running east and west, two main tracks in the center and an outer switch track on each side of the main tracks. These are parallel to and about one hundred and fifty rods south of the Missouri river. Gillis street extends from the river bank south across defendant’s tracks and on into the city. The city dump was on the river bank at the foot of Gillis street, and a building belonging to…
2Cases cited11 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Riggs v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Lang v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
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3Cited by2 opinions
- Stokes v. Wabash Railroad Co.Supreme Court of Missouri · 1946
- Bollin v. Galesburg Horse & Mule Co.Appellate Court of Illinois · 1934