Tate v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) Tbe failure to sound the whistle at the whistling post was wholly immaterial in this case, because the boy in charge of the cows actually saw the train as soon as he could have been warned by the statutory signal, and hence the court should have directed a verdict for defendant.
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Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) Tbe failure to sound the whistle at the whistling post was wholly immaterial in this case, because the boy in charge of the cows actually saw the train as soon as he could have been warned by the statutory signal, and hence the court should have directed a verdict for defendant. Hutchinson v. Railroad, 195 Mo. 546; Hutchinson v. Railroad, 161 Mo. 246; McManamee v. Railroad, 135 Mo. 440; McGee v. Railroad, 214 Mo. 533. (2) The plaintiff’s son was guilty of contributory negligence as a matter of law in allowing the cattle to get…
1Opinion of the CourtEllison, J.
Defendant’s train struck and killed two of plaintiff’s cows at a place where its road crosses *536a public highway, and he brought this action for damages. The judgment in the trial court was in his favor.
The following are the facts, substantially as stated by defendant:
The plaintiff lived on a farm on the east side of and adjoining the railroad, about a mile from the village of Hallsville. At this place the railroad runs in a general northeast and southwest direction. There is a county road about a quarter of a mile to the west of, and nearly parallel with it.
Another public road, referred to in…
2Cases cited4 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Van Note v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Atterberry v. Wabash Railway Co.Missouri Court of Appeals · 1904
- Terry v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1886
3Cited by2 opinions
- Weltch v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1915
- Bledsoe v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1914