Weller v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon, James . G-ibson, Judge. (1) The demurrer to the evidence should have been sustained, and defendant’s instruction 1 should have been given, because the deceased was guilty of contributory negligence. First.
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Appeal from Jackson Circuit Court. — Hon, James . G-ibson, Judge. (1) The demurrer to the evidence should have been sustained, and defendant’s instruction 1 should have been given, because the deceased was guilty of contributory negligence. First. It was the duty of deceased to look and listen, and if there were any difficulties in the way of seeing or hearing he should have stopped, and if, by complying with such duty, he could have discovered the approach of the train, then he was guilty of negligence contributing to his injury. Beach on Cont. Neg. [2 Ed.], sec. 180; Harlan v. Railroad, 64…
1Opinion of the CourtMaoeablane, J.
Plaintiff sues to recover damages on account of the death of her husband, caused, as is alleged, by negligence of defendant. The accident resulting in the death of plaintiff’s husband *642occurred on December 6, 1887, at a point on Fifteenth, street, in Kansas City, where it is crossed by the Belt Line Railroad, and by a train of cars operated by defendant over that road. The trial resulted in a judgment against defendant for $5,000, and it appealed therefrom. '
The negligence charged was, first, in running the train in the city at a rate of speed in excess of six miles an hour; second, running…
2Cases cited26 opinions
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
21 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Watts v. Montgomery Traction Co.Supreme Court of Alabama · 1912
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
44 more not listed; retrieve them via the Exa API.