Maness v. Joplin & Pittsburg Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. D. E. Blair, Judge. (1) Even if the record discloses negligence on the part of the appellant, and we claim it does not, it is still true that its violation of duty does not render it liable for an injury resulting from the injured person’s own negligence in failing to stop and look and listen, before going upon appellant’s track, as to bar him of recovery and his negligence continued up to the time of the collision.
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Appeal from Jasper Circuit Court. — Eon. D. E. Blair, Judge. (1) Even if the record discloses negligence on the part of the appellant, and we claim it does not, it is still true that its violation of duty does not render it liable for an injury resulting from the injured person’s own negligence in failing to stop and look and listen, before going upon appellant’s track, as to bar him of recovery and his negligence continued up to the time of the collision. Asphalt Co. v. St. Louis Co., 102 Mo. App. 469; Murray v. St. Louis Co., 176 Mo. 183; McManamee v. Railroad, 135 Mo. 440; Hudson v.…
1Opinion of the CourtCox, J.
Joplin is a city of the third class, and defendant operates a double track line of electric street railway on Fourth street in said city. On the night of June 11, 1909, plaintiff, while driving east on Fourth street in said city with a one-horse ice cream wagon, was run into by a car of defendant, and he, the horse and wagon all injured. This action was to recover damages for that injury. There was a trial by jury, verdict' for plaintiff for one thousand dollars and defendant has appealed.
The evidence on the part of plaintiff shows that the night on which the accident occurred was a dark…
2Cases cited4 opinions
- Campbell v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Reno v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
- Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
3Cited by2 opinions
- Jackson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
- Semple v. United Railways Co.Missouri Court of Appeals · 1910