Young v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Error to the Pettis Circuit Court. — Hon. Gr. F. Longan, Judge. (1) The evidence did not establish negligence on the part of the defendant. It was not sufficient to submit that issue to the jury, and did not justify a finding by the jury, and the finding against the defendant upon this evidence was contrary to the instructions as given by the court. First. The law presumes that the trainmen gave the signals required .by the statute. Jenett v. B. B., 50 Mo.
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Error to the Pettis Circuit Court. — Hon. Gr. F. Longan, Judge. (1) The evidence did not establish negligence on the part of the defendant. It was not sufficient to submit that issue to the jury, and did not justify a finding by the jury, and the finding against the defendant upon this evidence was contrary to the instructions as given by the court. First. The law presumes that the trainmen gave the signals required .by the statute. Jenett v. B. B., 50 Mo. App. 547; Agan v. Shannon, 103 Mo. 661; State ex ret. v. Bank, 120 Mo. 161. Second. The negative evidence presented by the plaintiff was…
1Opinion of the CourtGill, J.
This is an action for damages brought by the plaintiff as administratrix of Rudolph Young, deceased, to recover the value of a team of horses, wagon and harness destroyed in a collision at a road crossing in Cooper county. The negligence of defendant relied upon was the failure of defendant’s servants operating the train to give the statutory signals — ringing the bell or sounding the whistle— eighty rods before ' getting to the crossing. The answer denied the alleged negligence, and in addition pleaded contributory negligence on the part of said Rudolph Young. From a verdict and judgment…
2Cases cited4 opinions
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- State ex rel. C. S. Essex v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1897
- McNown v. Wabash RailroadMissouri Court of Appeals · 1894
- McCormick v. Kansas CityMissouri Court of Appeals · 1892
3Cited by3 opinions
- Fowler v. RandallMissouri Court of Appeals · 1903
- Meyers v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1903
- Roberts v. Wabash RailroadMissouri Court of Appeals · 1905