Livingston v. Wabash Railroad
Supreme Court of Missouri
Appeal from Macon Circuit Court. — lío». Andrew Ellison, Judge. (1) The defendant’s expert witness gave evidence tending to show that it was impossible for the engineer to save the child after it got upon the track. The plaintiffs on cross-examination asked these witnesses if in their opinion the engineer could have saved the child if he had seen her running on the platform in a manner indicating that she was going to run upon the track.
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Appeal from Macon Circuit Court. — lío». Andrew Ellison, Judge. (1) The defendant’s expert witness gave evidence tending to show that it was impossible for the engineer to save the child after it got upon the track. The plaintiffs on cross-examination asked these witnesses if in their opinion the engineer could have saved the child if he had seen her running on the platform in a manner indicating that she was going to run upon the track. On the objection of the defendant the court refused an answer to the question, and stated in the presence of the jury that he agreed with defendant’s counsel…
1Opinion of the Court
In DmsiON One.
YALLIANT, J.
Plaintiff’s child, three and a half years old, was run over and killed by a locomotive drawing a passenger train of defendant near its depot in the city of Macon in March, 1896, and this suit is to recover damages for the act which, plaintiffs allege, was caused by the negligence of defendant’s servant in charge of the locomotive. The petition alleges three acts of negligence, viz.: running the train at a speed of more than six miles an hour in violation of a city ordinance, failure to give signals, and failure to stop the train in time to save the .life of the child…
Also in this document: Per curiam.
2Cited by10 opinions
- Holmes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1907
- Cornovski v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- McDermott v. SevereCourt of Appeals for the D.C. Circuit · 1905
- Carney v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1929
- Meeker v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1903
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