Keele v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. ' (1) Upon the entire record the deceased was guilty of such negligence, or contributory negligence, that no recovery can be sustained in this case, irrespective of anything that is or might be pleaded. Schaub v. R. R., 133 Mo. App. 444; Duncan v. R. R., 46 Mo. App. 199; Lien v. R. R., 79 Mo. App. 475; Jones v. Barnard, 63 Mo. App. 501; Drake v. R. R., 51 Mo.
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Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. ' (1) Upon the entire record the deceased was guilty of such negligence, or contributory negligence, that no recovery can be sustained in this case, irrespective of anything that is or might be pleaded. Schaub v. R. R., 133 Mo. App. 444; Duncan v. R. R., 46 Mo. App. 199; Lien v. R. R., 79 Mo. App. 475; Jones v. Barnard, 63 Mo. App. 501; Drake v. R. R., 51 Mo. App. 562; McGee v. R. R., 214 Mo. 530; Reardon v. R. R., 114 Mo. 384; Caldwell v. R. R., 58 Mo. App. 453; Sites v. Knott, 197 Mo. 684. (2) The plaintiff was not entitled to…
1Opinion of the CourtJohnson, J.
This action is prosecuted by the mother of Pearl Keele, deceased, to recover damages from defendant on the ground that the death of Pearl, who was a minor in her fifteenth year, was caused by the negligence of defendant. The child was killed about 6:30 p. m. May 7, 1906, at a public road crossing in Kansas, a short distance west of the corporate limits of Argentine. She was on her way home from a soap factory where she worked when she was struck by an east-bound passenger train and instantly killed. Her parents were both living at the time and she had three brothers and two sisters, all…
2Cases cited8 opinions
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Bell v. KaiserSupreme Court of Missouri · 1872
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878
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3Cited by2 opinions
- Keele v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1914
- McGee v. St. Joseph Railway, Light, Heat & Power Co.Missouri Court of Appeals · 1911