Yancey v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas.— Hon. Theodore Brace, Judge. (1) The act of impelling a detached car over a thoroughfare crossing was, per se, quasi-criminal negligence.
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Appeal from Hannibal Court of Common Pleas.— Hon. Theodore Brace, Judge. (1) The act of impelling a detached car over a thoroughfare crossing was, per se, quasi-criminal negligence. Brown *. New Yorlc, 32 N. Y. 597; 6 Am. and E. R. R. Cas. 125, foot.- And so likewise was the creation therein of a speed greater than the maximum prescribed by city ordinance; and the deceased being under no-duty to look out for such acts of negligence, could not be negligent in failing to discover same. There can be no negligence except in violation of a corresponding duty. Langan v. St. Louis, 72 Mo. 392, 398.…
1Opinion of the CourtNorton, C. J.
This is an action to recover damages for the killing of plaintiff’s husband, occasioned, as alleged in the petition, by the negligence of defendants, in operating its cars on First street, in the city of Hannibal. The answer, besides being a general denial, set up contributory negligence on the part of deceased. On the trial, the court, at the close of plaintiff’s evidence, instructed the jury that, under the pleadings and evidence, plaintiff was not entitled to recover. Under the instructions of the court, the jury returned a verdict for defendants, upon which judgment was entered, and from…
2Cases cited4 opinions
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Lenix v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Moody v. Pacific RailroadSupreme Court of Missouri · 1878
- Cagney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
3Cited by15 opinions
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Missouri Pac. Ry. Co v. MoseleyCourt of Appeals for the Eighth Circuit · 1893
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
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