Wilkinson v. St. Louis Southwestern Railway Co.
Missouri Court of Appeals
Appeal from Mississippi Circuit Court. — Eon. Eenry O. Riley, Judge. (1) The collision occurred at a public crossing, and all the evidence shows that the whistle was repeatedly sounded, and hence plaintiff is not entitled to recover for failure to give the signals, required by the statutes. Wasson v. McCook, 80 Mo.
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Appeal from Mississippi Circuit Court. — Eon. Eenry O. Riley, Judge. (1) The collision occurred at a public crossing, and all the evidence shows that the whistle was repeatedly sounded, and hence plaintiff is not entitled to recover for failure to give the signals, required by the statutes. Wasson v. McCook, 80 Mo. App. 483. (2) Mere proof that the speed of the train was not checked, and that the cattle conld have been seen a considerable distance from the crossing by the trainmen, does not establish defendant’s negligence. Milburn v. Railroad, 86 Mo.' 104. (3) There is substantial evidence…
1Opinion of the CourtNortoni, J.
This is an action for damages accrued to plaintiffs as a result of the killing and injuring of live stock through the alleged negligence of defendant in operating its locomotive and train of cars. Plaintiffs recovered and defendant appeals.
The action proceeds as for common law negligence. The particular breach of duty relied upon for recovery relates to the obligation of defendant to exercise ordinary care for the safety of plaintiffs’ animals after its locomotive engineer either saw, or by the exercise of ordinary care might have seen, them in a.perilous situation on its track. Although the…
2Cases cited7 opinions
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Hill v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Lloyd v. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1895
- Life Ass'n of America v. Board of AssessorsSupreme Court of Missouri · 1872
- Atterberry v. Wabash Railway Co.Missouri Court of Appeals · 1904
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3Cited by2 opinions
- Ideal Bakery v. SchryverWyoming Supreme Court · 1931
- Liles v. Associated Transports, Inc.Supreme Court of Missouri · 1949