King v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The trial court committed error in permitting the plaintiff’s witness, John Small, against defendant’s objection, to answer the question: “State whether or not that crossing is dangerous for a stranger crossing there ? ” Hurt v. Railroad, 94 Mo. 255 ; Road v. Leonhardt, 5 Atl. Rep. 346 ; Maur ». State,' 3 S. Rep. 207; Belch v. Railroad, 18 Mo. App. 80; Kennedy v. Holliday, 25 Mo.
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Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The trial court committed error in permitting the plaintiff’s witness, John Small, against defendant’s objection, to answer the question: “State whether or not that crossing is dangerous for a stranger crossing there ? ” Hurt v. Railroad, 94 Mo. 255 ; Road v. Leonhardt, 5 Atl. Rep. 346 ; Maur ». State,' 3 S. Rep. 207; Belch v. Railroad, 18 Mo. App. 80; Kennedy v. Holliday, 25 Mo. App. 513 ; Tate v. Railroad, 64 Mo. 153; Gutridge v. Railroad, 94'Mo. 468. (2) The defendant’s instruction, in the nature of a demurrer to the…
1Opinion of the CourtBlack, J.
— A freight train, on defendant’s road ran over and killed James King at a public crossing some six miles south of Carthage, on the second of April, 1885. King was traveling on the highway with a team .and wagon. The plaintiff is his widow, and she bases her cause of action upon a failure of the servants in ■charge of the train to ring the bell or sound the whistle, as required by Revised Statutes, 1879, section 806, as that section has been amended; and also upon a failure ■of the defendant to place and maintain a signboard over the public road at thé crossing as required by section 807.
The…
2Cited by28 opinions
- Grier v. Kansas City, Clay County & St. Joseph Railway Co.Supreme Court of Missouri · 1921
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
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