Hoover v. Kansas City, Pittsburg & Gulf Railroad
Missouri Court of Appeals
Appeal from, the Newton Circuit Cowrt. — Hon. J. C. Lamson, Judge. Under section 2608, Revised Statutes, 1889, it is sufficient if either the whistle be blown, as there required, or the bell rung; it is not necessary that both should be done. Turner v. B. B., 78 Mo. 578; Rafferty v. B. B., 82 Id. 90; Kenney v. B. B., 105 Id. 270; McCormick v. B. B., 50 Mo. App. 109.
1Opinion of the CourtBland, P. J.
*558Railroads: signals at crossing of public highway: construction of statute: instructions. *557Action brought before a justice of the peace, in Neosho township, Newton county, for value of one horse alleged to have been killed at the crossing of a public highway over defendant’s road in *558said township. The negligence averred, and which the evidence tended to prove, was the failure of the defendant’s employees to sound the locomotive whistle, or ring the bell, as required by section 2608, Revised Statutes, 1889. ij^g was controverted by defendant’s witnesses by evidence tending to prove that the…
2Cases cited3 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- McCormick v. Kansas CityMissouri Court of Appeals · 1892