Eckert v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J It was the plaintiff’s duty, when he walked upon said track, to look constantly both before and behind him, in order to see that the track was clear. — Fletcher v. Railroad Go., 64 Mo. 484; Morris & Essex R. Go. v. Haslon, 4 Vroom, 149 ; Runyan v. Central R. Go., 1 Dutch. 357 ; Chicago, etc., R. Go. v. Still, 19 Ill. 508 ; North Penn.
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Appeal from the St. Louis Circuit Court, Horner, J It was the plaintiff’s duty, when he walked upon said track, to look constantly both before and behind him, in order to see that the track was clear. — Fletcher v. Railroad Go., 64 Mo. 484; Morris & Essex R. Go. v. Haslon, 4 Vroom, 149 ; Runyan v. Central R. Go., 1 Dutch. 357 ; Chicago, etc., R. Go. v. Still, 19 Ill. 508 ; North Penn. R. Go. v. Heilman, 49 Penn. 62 ; Bellefontaine R. Go. v. Hunter, Admr., 33 Ind. 336 ; Drain v. Railway Go., 10 Mo. App. 531. If the deceased without signals might with care have seen the backing train, or known…
1Opinion of the CourtThompson, J.
The plaintiffs bring this action to recover damages for the death of their minor son Charles A. Eckert, a lad about sixteen years old, who was run over and killed by the cai’s of the defendant on the 7th of October, 1881, within the limits of the city of St. Louis. The case was tried by a jury, and the plaintiffs had a judgment for $5,000, the statutory damages.
The plaintiffs offered testimony tending to show that about eight o’clock of the morning of the day in question, the deceased was walking northwardly along one of the tracks of the defendant’s railway, between Bryan and Harney Streets,…
2Cases cited4 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
3Cited by8 opinions
- Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
- Lynch v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Gourley v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1889
- Kelley v. Union Railway & Transit Co.Missouri Court of Appeals · 1885
- Merz v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1883
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