Huggart v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hoh. J. H. Sloveb, Judge. • The demurrer to the evidence should have been sustained. Plaintiff’s own evidence showed clearly that the deceased was guilty of contributory negligence. The case was, therefore, not entitled to be submitted to the jury. On approaching the crossing the deceased was bound to exercise ordinary care — to both look and listen for approaching trains.
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Appeal from Jackson Circuit Court. — Hoh. J. H. Sloveb, Judge. • The demurrer to the evidence should have been sustained. Plaintiff’s own evidence showed clearly that the deceased was guilty of contributory negligence. The case was, therefore, not entitled to be submitted to the jury. On approaching the crossing the deceased was bound to exercise ordinary care — to both look and listen for approaching trains. If there were difficulties in the way of either sight or hearing, he was thereby bound to exercise a higher degree of caution, and if, by reason of the rattling of his wagon, his hearing…
1Opinion of the CourtGrANTT, P. J.
On the thirtieth day of October, 1893, plaintiff’s husband, Porter S. Huggart, was struck and killed by an engine on defendant’s railway at a public crossing about five miles south of the city of Independence.
Prom Independence to the place of the accident the public county road and the railroad run in the same general direction, at times approaching within a half' mile of each other but cross each other at right angles at the crossing on which plaintiff’s husband was killed. The county road leads over a high rocky hill just before crossing the railroad, but immediately on the crossing they…
2Cases cited3 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Lane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
3Cited by25 opinions
- State Ex Rel. Kansas City Southern Railway Co. v. ShainSupreme Court of Missouri · 1937
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Evans v. Illinois Central RailroadSupreme Court of Missouri · 1921
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