McNown v. Wabash Railroad
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. E. J. . Broadus, Judge. • (1) The demurrer to the evidence should not have been sustained. The negligence of defendant was conclusively proven, and the question of plaintiff’s contributory negligence was clearly a matter for the jury to determine. The testimony of plaintiff, taken as a whole, does not show contributory negligence. At the most, it was only a doubtful case upon which sensible men might differ.
Read the full summary
Appeal from the Carroll Circuit Court. — Hon. E. J. . Broadus, Judge. • (1) The demurrer to the evidence should not have been sustained. The negligence of defendant was conclusively proven, and the question of plaintiff’s contributory negligence was clearly a matter for the jury to determine. The testimony of plaintiff, taken as a whole, does not show contributory negligence. At the most, it was only a doubtful case upon which sensible men might differ. It was therefore a question of fact for the jury, and to them should have been submitted. The court is authorized to pronounce certain…
1Opinion of the CourtGill, J.
The plaintiff sued the defendant for damages for negligently running one of its trains over- *587and killing his mare at a public road crossing at Nor-borne, Missouri. The negligence alleged was that defendant’s servants in operating the train failed to ring the bill or sound the whistle as the crossing was approached, as is required by the statute, Revised Statutes, 1889, section 2608. The defense consisted of a general denial and a plea of contributory negligence. At the close of plaintiff’s evidence the court, at the instance of the defendant, gave an instruction that the plaintiff could not…
2Cases cited6 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Easley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Jennings v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jones v. BarnardMissouri Court of Appeals · 1895
- Colliott v. American Manufacturing Co.Missouri Court of Appeals · 1897
- Kavanagh v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Ruenzi, Admr. v. PayneMissouri Court of Appeals · 1921
- Maratta v. Chas. H. Heer Dry Goods Co.Missouri Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.