Dudley v. Wabash Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James ID. Barnett, Judge. (1) The court erred in refusing to direct a verdict for the defendant at the close of the evidence for the plaintiff, and at the close of all the evidence, (a) The plaintiff’s contributory negligence, he being the beneficiary under the statute attempting to recover damages, bars a recovery. Cogan v. Eailroad, 101 Mo. App. 179. This is the theory on which the case was tried.
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Appeal from Audrain Circuit Court. — Hon. James ID. Barnett, Judge. (1) The court erred in refusing to direct a verdict for the defendant at the close of the evidence for the plaintiff, and at the close of all the evidence, (a) The plaintiff’s contributory negligence, he being the beneficiary under the statute attempting to recover damages, bars a recovery. Cogan v. Eailroad, 101 Mo. App. 179. This is the theory on which the case was tried. Reilly v. Eailroad, 94 Mo. 600; Koons v. Eailroad, 65 Mo. 592; Hook v. Railroad, 162 Mo. 569. (b) Plaintiff’s evidence is to the effect that he heard no…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. Defendant assigns as error the trial court’s refusal to direct a verdict for the defendant. Such refusal was proper unless defendant’s nonliability was affirmatively and conclusively established by the evidence. Where, as here, the evidence showed an injury at a public crossing by a train colliding with a person driving across the track, when the bell was not rung or the whistle sounded, a prima facie case was made, and the burden of proving nonliability was then shifted to the defendant. [Weigman v. Railroad, 223 Mo. 699, 123 S. W. 38.]
The only suggested basis…
2Cases cited17 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- Sheperd v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Smith v. FordyceSupreme Court of Missouri · 1905
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Troll v. Laclede Gas Light Co.Missouri Court of Appeals · 1914
- Asbury v. Fidelity National Bank & Trust Co.Missouri Court of Appeals · 1936
- Mahoney v. MahoneyCourt of Appeals of Texas · 1937
- Ruckert v. MooreSupreme Court of Missouri · 1927
- Rivera Maldonado v. Central Pasto Viejo, Inc.Supreme Court of Puerto Rico · 1932
5 more not listed; retrieve them via the Exa API.