Jones v. Barnard
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The contributory negligence charged in the answer was established. Kelsay v. Railroad, 30 S. W. Rep. 339; Hayden v. Railroad, 38 S.W. Rep. 74; Baker v. Railroad, 122 Mo. —. (2) This suit should be stayed until payment of costs in the former action. Merrifield on Costs, 354; Parsons on Costs, 5; State v. Howe, 64 Ind. 18; Kitsv.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The contributory negligence charged in the answer was established. Kelsay v. Railroad, 30 S. W. Rep. 339; Hayden v. Railroad, 38 S.W. Rep. 74; Baker v. Railroad, 122 Mo. —. (2) This suit should be stayed until payment of costs in the former action. Merrifield on Costs, 354; Parsons on Costs, 5; State v. Howe, 64 Ind. 18; Kitsv. Wilson, 89 Ind. 95; Clemons v. Buffenbarger, 106 Ind. 16; Corrothers v. Corrothers, 107 Ind. 530; Sellers v. Meyers, 34 N. E. Rep. 497; Sooyv. Mc-Kean, 4 Halst. 86; Cooper v. Sheppard, 4 Halst.…
1Opinion of the CourtGill, J.
This is an action to recover damages for injuries received by plaintiff at a railroad crossing in Daviess county, September 26, 1893. The defense relied on was contributory negligence. The circum*504stances attending the collision will be stated later on. At the trial in the circuit court plaintiff had a verdict and judgment for $1,600, and defendant appealed.
I. We are first asked to review the court’s action in declining to stay proceedings in the cause until the plaintiff should pay the costs of a prior suit for the same cause of action, and which he had dismissed without going to trial. It…
2Cases cited5 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Felt v. AmidonWisconsin Supreme Court · 1879
- McNown v. Wabash RailroadMissouri Court of Appeals · 1894
3Cited by14 opinions
- Lang v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- Wetmore v. CrouchSupreme Court of Missouri · 1905
- Sanguinette v. Mississippi River & Bonne Terre Railway Co.Supreme Court of Missouri · 1906
- Hewitt v. SteeleSupreme Court of Missouri · 1896
- Porter v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
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