Duncan v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. —Hon. R. H. Field, Judge.- (1) The court erred in overruling defendant’s demurrers to the evidence offered at the close of plaintiff ’ s evidence and at the close of the whole evidence. Rogstad v. Railroad, 14 Am. & Eng.
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Appeal from the Jaclcson Circuit Court. —Hon. R. H. Field, Judge.- (1) The court erred in overruling defendant’s demurrers to the evidence offered at the close of plaintiff ’ s evidence and at the close of the whole evidence. Rogstad v. Railroad, 14 Am. & Eng. R. R. Cases, 648; Taylor v. Railroad, 86 Mo. 462 ; Weber v. Railroad, 100 Mo. 201; Harlan v. Railroad, 64 Mo. 480 ; Lenix v. Railroad, 76 Mo. 91; Purl v. Railroad, 72 Mo. 171; Kelly v. Railroad, 88 Mo. 514; Maher v. Railroad, 64 Mo. 276 ; Harlan v. Railroad, 65 Mo. 25; Yancey v. Railroad, 93 Mo. 427; Riñe v. Railroad, 88 Mo. 398; Harris…
1Opinion of the CourtGill, J.
This is an action .for damages for personal injuries sustained by plaintiff in being run into by a freight train of the defendant that was backing up and across a public street crossing at the intersection of Mulberry street and St. Louis avenue, Kansas City. At the point of accident these two streets cross at right angles ; it was also the crossing of four railroad tracks, running east and west, as also the crossing of a double-track cable railway, running north and south. This crossing is one of those. where the city by ordinance provides the railroad company shall keep a watchman to notify…
2Cases cited7 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Lenix v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Purl v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
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3Cited by4 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. PowersIndiana Supreme Court · 1909
- Shareman v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Skipton v. St. Joseph & Grand Island Railway Co.Missouri Court of Appeals · 1899
- Motyka v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1931