Nixon v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The court erred in giving to the jury the plaintiff’s first instruction. Said instruction declared “that it was the defendant’s duty to keep and maintain such crossing safe.” The defendant was only bound to exercise ordinary care in maintaining the crossing.
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Appeal from Caldwell Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The court erred in giving to the jury the plaintiff’s first instruction. Said instruction declared “that it was the defendant’s duty to keep and maintain such crossing safe.” The defendant was only bound to exercise ordinary care in maintaining the crossing. Maus v. Springfield, 101 Mo. 617; Kiley v. City of Kansas, 87 Mo. 106; Haniford v. City of Kansas, 103 Mo. 181; Gerdes v. Iron Foundry Co., 124Mo. 359. (2) The defendant was only required to maintain said crossing in such a condition as to be reasonably safe for the use…
1Opinion of the CourtMacearlane, J.
— The action is to recover damages for injuries plaintiff sustained by reason of the alleged negligence of defendant in permitting a public road crossing of its railway to become defective and dangerous. The petition charges that a public road crossed defendant’s railway two or three miles west of the town of Cameron. That it was the duty of defendant to have and maintain a good and sufficient crossing over said railroad, consisting of a plank of good and sound timber not less than sixteen feet in length, ten inches in width, and two inches in thickness, securely spiked on each side of each…
2Cases cited13 opinions
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Barr v. City of KansasSupreme Court of Missouri · 1891
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Alcorn v. Union Pacific RailroadSupreme Court of Missouri · 2001
- Maier v. BrockSupreme Court of Missouri · 1909
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Winter v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1902
- Chilton v. City of St. JosephSupreme Court of Missouri · 1898
18 more not listed; retrieve them via the Exa API.