Masterson v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — Hon. W. S* Herndon, Judge. (1) The court erred in refusing defendant’s instruction number 1. Plaintiff’s view of the train-according to all the testimony, including his own, was-unobstructed when he was twenty-seven feet distant from the crossing. If he didn’t see it, it is because he didn’t look. Stepp v. Railroad, 85 Mo. 229-235; Smith-v. Railroad, 52 Mo. App. 36, 39, 40; Eusili v. Railroad,. 45 Mo. App. 535-539, and cases cited.
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Appeal from the Clinton Circuit Court. — Hon. W. S* Herndon, Judge. (1) The court erred in refusing defendant’s instruction number 1. Plaintiff’s view of the train-according to all the testimony, including his own, was-unobstructed when he was twenty-seven feet distant from the crossing. If he didn’t see it, it is because he didn’t look. Stepp v. Railroad, 85 Mo. 229-235; Smith-v. Railroad, 52 Mo. App. 36, 39, 40; Eusili v. Railroad,. 45 Mo. App. 535-539, and cases cited. (2) The court erred in refusing defendant’s instruction number 2. The plaintiff knew that the train was on the north…
1Opinion of the CourtSmith, P. J.
This case was here on another occasion, 49 Mo. App. 6. The evidence then disclosed is in its essential features the same as that contained in the present record. We there ruled that the evidence was sufficient to entitle the plaintiff to go to the jury *575and .so reversed the judgment and remanded the cause. It appears that the case has been retried and that plaintiff has obtained a verdict in his favor. The defendant by its appeal seeks a reversal of the judgment given on that verdict, mainly on the ground that the trial court erred in its action refusing an instruction asked by it in the…
2Cases cited6 opinions
- Stepp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
- Easley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Jennings v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1892
- Kelly v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- McNown v. Wabash RailroadMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Underwood v. St. Louis Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1914
- Swigart v. LuskMissouri Court of Appeals · 1917
- Nicholas v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1945
- Lyter v. HinesMissouri Court of Appeals · 1920
- Kerr v. CusenbaryMissouri Court of Appeals · 1897