Mitchell v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) Defendant’s demurrer to the evidence should have been sustained.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. The undisputed evidence of all the witnesses who testified on the question, as well as the unqualified admissions of the plaintiff himself on the stand, show’s that after passing the last obstruction, to-wit, the cars standing on the east side track or switch, plaintiff had a clear space of from forty to fifty-five feet to cross before going on the main track, where he was struck, down which space, had he looked, he could have seen the approaching train for a…
1Opinion of the CourtJohnson, J.
Action to recover damages for personal injuries received by plaintiff at the crossing of a public street and defendant’s railroad tracks in the city of Joplin. The judgment was for plaintiff in the sum of |3,000 and plaintiff appealed.
Plaintiff lived in Chitwood a few miles distant from Joplin. On January 9, 1905, he accompanied a Mr. *54Hotchkiss — an acquaintance — on a trip to the latter city where he had some business to transact. They rode in' a buggy drawn by one horse both owned by Hotchkiss who acted as driver. In returning home they travelled westward along a public thoroughfare called…
2Cases cited9 opinions
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
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3Cited by4 opinions
- Feeney v. Wabash RailroadMissouri Court of Appeals · 1907
- Carter v. Wabash RailrodMissouri Court of Appeals · 1916
- Hyder Ex Rel. Hyder v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1925
- Brown v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1912