Legal Opinion

Connor v. Wabash Railroad

Missouri Court of Appeals

Decided June 14, 1910PublishedCited by 10 opinions

Appeal from Audrain Circuit Court. — Eon. James D. Rarnett, Judge. (1) Under the evidence of plaintiff her own contributory negligence was the proximate cause of her injury, and the court erred in refusing to direct a verdict for the defendant, both at the close of the plaintiff’s evidence and at the close of all of the evidence.

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Appeal from Audrain Circuit Court. — Eon. James D. Rarnett, Judge. (1) Under the evidence of plaintiff her own contributory negligence was the proximate cause of her injury, and the court erred in refusing to direct a verdict for the defendant, both at the close of the plaintiff’s evidence and at the close of all of the evidence. Boyd v. Railroad, 105 Mo. 391; Spillane v. Railroad, 135 Mo. 424; Hutchison v. Railroad, 161 Mo. 254; Mockowiek v. Railroad, 196 Mo. 550; Walker v. Railroad, 193 Mo. 453; Green v. Railroad, 192 Mo. 131; Schmidt v. Railroad, 191 Mo. 215; Stotler v. Railroad, 204 Mo.…

1Opinion of the CourtNortoni, J.

This is a suit for damages accrued to plaintiff on account of defendant’s negligence. Plaintiff recovered and defendant appeals.

Plaintiff was injured through the collision of defendant’s locomotive engine with a surrey in which she was riding while in the act of crossing defendant’s *682tracks. The scene of the accident is the crossing of Morris street, a public thoroughfare, within the corporate limits of the city of Mexico and at a point where defendant’s tracks are unfenced. To a complete understanding of the case, it will be necessary to mention that both the Chicago & Alton Railroad Co. and…

2Cases cited17 opinions

  1. Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
  2. State v. HopkirkSupreme Court of Missouri · 1884
  3. Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  4. Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
  5. Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905

12 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Central & Southern Truck Lines, Inc. v. Westfall GMC Truck, Inc.Missouri Court of Appeals · 1958
  2. Asbury v. Fidelity National Bank & Trust Co.Missouri Court of Appeals · 1936
  3. Morrow v. Missouri Gas & Electric Service Co.Supreme Court of Missouri · 1926
  4. Storm v. Ford Motor CompanyMissouri Court of Appeals · 1975
  5. Dudley v. Wabash RailroadMissouri Court of Appeals · 1912

5 more not listed; retrieve them via the Exa API.

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