Lyter v. Hines
Missouri Court of Appeals
Appeal from Circuit Court of Stoddard County — Hon. W. S. G. Walker, Judge. (1) A railroad-crossing is a dangerous place, and is itself a signal of danger. A traveler approaching it is imperatively required by law to look carefully in both directions, at a convenient distance from tbe crossing and where looking will be effective, before venturing upon it, if, by looking, a train could be seen. And tbe duty to look is a continuing one until tbe crossing is reached.
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Appeal from Circuit Court of Stoddard County — Hon. W. S. G. Walker, Judge. (1) A railroad-crossing is a dangerous place, and is itself a signal of danger. A traveler approaching it is imperatively required by law to look carefully in both directions, at a convenient distance from tbe crossing and where looking will be effective, before venturing upon it, if, by looking, a train could be seen. And tbe duty to look is a continuing one until tbe crossing is reached. Not only is be required to look, but also to listen. He must not venture blindly upon tbe track without first using bis senses of…
1Opinion of the CourtFarrington, J.
Plaintiff sued to recover for personal injuries to himself and destruction of his automobile caused by collision with a locomotive engine on a public crossing in Bloomfield. The cause was iried to a jury, resulting in a verdict and judgment in favor of plaintiff for $3000, from which judgment defendant appealed.
Plaintiff charges that defendant was negligent in the operation of the train in failing to keep a lookout on and over the street crossing, and in failing to ring the bell or sound the whistle as required, and in running the train at an excessive rate of speed of form 25 to 40 miles an…
2Cases cited6 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Hook v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
- Campbell v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
- Masterson v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wallace v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1924