Porter v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The third-ground of negligence which charges the frightening of the team is thoroughly eliminated from the case both by law and by the evidence. Seeing a person in danger it became the duty of the company to give him the usual and ordinary danger signals and these are all shown to have been given. Further, the evidence fails to disclose the frightening of the team.
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Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The third-ground of negligence which charges the frightening of the team is thoroughly eliminated from the case both by law and by the evidence. Seeing a person in danger it became the duty of the company to give him the usual and ordinary danger signals and these are all shown to have been given. Further, the evidence fails to disclose the frightening of the team. (2) The evidence clearly shows that defendant’s demurrer to the testimony offered both at the close of plaintiff’s case and at the close of the entire case should…
1Opinion of the CourtBurgess, P. J.
This is an action by plaintiff, the widow of E. B. Porter, deceased, against the defendant company, to recover the sum of five thousand dollars damages, under the provisions of section 2864, Revised Statutes 1899; known as the second section of the Damage Act. The petition upon which the case was tried was the second amended petition, in two counts; *90but as the recovery was upon the first count, the second count will not be further noticed. Said first count alleges:
‘ ‘ That the death of the said E. B. Porter was due to the gross, wanton and willful negligence of the defendant and its agents…
2Cases cited10 opinions
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Stepp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
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3Cited by11 opinions
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Missouri, O. & G. Ry. Co. v. ParkerSupreme Court of Oklahoma · 1915
- State Ex Rel. Thompson v. ShainSupreme Court of Missouri · 1942
- King v. Wabash RailroadSupreme Court of Missouri · 1908
- Le Doux v. MartinezNew Mexico Supreme Court · 1953
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