Van Bach v. Missouri Pacific Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hew. James Gibson, Judge. But for the grossest kind of negligence on the part of plaintiff’s husband, the accident would not have occurred.
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Appeal from Jackson Circuit Court. — Hew. James Gibson, Judge. But for the grossest kind of negligence on the part of plaintiff’s husband, the accident would not have occurred. It was clearly and conclusively shown by the testimony of plaintiff’s own witnesses, as well as by the testimony of the witnesses for the defendant, that plaintiff’s husband, while at any point within sixty-five feet of the place where the accident occurred, if he had looked, could have seen the car approaching in time to have stopped and avoided the accident. The court should, therefore, have sustained defendant’s…
1Opinion of the CourtValliant, J.
Plaintiff’s husband was killed at a railroad crossing in a public street in Kansas City, through the negligence, as plaintiff alleges, of the servants of defendant in handling a freight train.
Plaintiff’s evidence tended to show the following facts: Hickory street runs north and south, Union avenue crosses it at right angles. Defendant owns two railway tracks crossing Hickory street diagonally from southwest to northeast, near the intersection of Union avenue. The space between these two tracks is eight feet. South of and parallel to defendant’s tracks are two other railway tracks, between…
2Cases cited2 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- O'Connor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
3Cited by6 opinions
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Cash v. Sonken-Calamba Co.Supreme Court of Missouri · 1929
- Sites v. KnottSupreme Court of Missouri · 1906
- Lewis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
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