Windle v. Southwest Missouri Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Division Number Two. — Hon. David E. Blair, Judge. 1. The humauitarian doctrine presupposes negligence or contributory negligence on the part of the party invoking the rule and in its essence is that, conceding that plaintiff was guilty of negligence, yet if defendant knew of his peril in time to save his life and limb by ordinary care then it was his duty to exercise such care, and failure to do so rendered him liable.
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Appeal from Jasper Circuit Court, Division Number Two. — Hon. David E. Blair, Judge. 1. The humauitarian doctrine presupposes negligence or contributory negligence on the part of the party invoking the rule and in its essence is that, conceding that plaintiff was guilty of negligence, yet if defendant knew of his peril in time to save his life and limb by ordinary care then it was his duty to exercise such care, and failure to do so rendered him liable. Hall v. Railway Co., 219 Mo. 553; Potter v. Railway Co., 136 Mo. App. 125; Dey v. Railway, 140 Mo. App. 461; Nipper v. Street Railway, 145-…
1Opinion of the CourtSturgts, J.
The plaintiffs sued in a justice court and obtained judgment against the defendant street car company for killing their horse on Main *601street in the city of Joplin. On appeal and trial anew in the circuit court plaintiffs again prevailed and the case is here on appeal. The way in which the horse happened to he on Main street of Joplin and collided with defendant’s street car is that it was being taken by the owner, along with some twenty other horses, from the railroad stock yards in the north part of town to the plaintiffs’ horse barn in the south part of town. They were tied with halters in…
2Cases cited16 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Mack v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Hill v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
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3Cited by2 opinions
- Wallower v. City of Webb CityMissouri Court of Appeals · 1913
- Martin v. Butler County RailroadMissouri Court of Appeals · 1913