Bailey v. Chicago, Burlington & Quincy Railroad
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. V. L. 'Drain, Judge. (1) The plaintiff proceeded properly and had a good' cause of action under the humanitarian doctrine. Starks v. Lusk, 194 Mo. App. 250; Adams v. Railroad, 74 Mo. 553; Morgan v. Railroad, 159 Mo. 275; Reyborn v. Railroad, 187 Mo. 574; Murphy v. Railroad, 228 Mo... 79; Dutcher v. Railroad, 241 Mo. 137; Poster v. West, 194 Mo. App. 94; Pope v. Railroad, 242 Mo. 240; Palmer v. Railroad, 142 Mo.
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Appeal from Macon Circuit Court. — Hon. V. L. 'Drain, Judge. (1) The plaintiff proceeded properly and had a good' cause of action under the humanitarian doctrine. Starks v. Lusk, 194 Mo. App. 250; Adams v. Railroad, 74 Mo. 553; Morgan v. Railroad, 159 Mo. 275; Reyborn v. Railroad, 187 Mo. 574; Murphy v. Railroad, 228 Mo... 79; Dutcher v. Railroad, 241 Mo. 137; Poster v. West, 194 Mo. App. 94; Pope v. Railroad, 242 Mo. 240; Palmer v. Railroad, 142 Mo. App. 458. (2) That the ■deceased may have seen the train coming toward him will not defeat the plaintiff, because deceased could not have moved…
1Opinion of the Court
Plaintiff's husband on May 6, 1917, was killed or drowned by being knocked off of a trestle connected with defendant's bridge over the Chariton River in Schuyler County. Defendant Benjamin Blackledge was the engineer in charge of the train. The track (for some distance), bridge and trestle ran north and south. The bridge proper is 139 feet and 6 inches long. The trestle on the north side of the bridge is 41 feet and 6 inches long, and on the south side 272 feet and 10 inches long. So that the bridge and trestle-work altogether measured 453 feet and 10 inches. The railroad track extends…
2Cases cited3 opinions
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Starks v. LuskMissouri Court of Appeals · 1916
- Starks v. LuskSupreme Court of Missouri · 1919
3Cited by1 opinion
- Langley v. HinesMissouri Court of Appeals · 1921