Legal Opinion

Hayden v. Missouri, Kansas & Texas Railway Co.

Supreme Court of Missouri

Decided November 12, 1894PublishedCited by 62 opinions

Appeal from Monroe Circuit Court.—Hon. T. H. Bacon, Judge. (1) The traveler had the same right upon the crossing as the train had, and it was as much the duty of the train men to keep a lookout as the traveler, enhanced by the greater danger from the machinery used by the defendant. Eswin v. Railroad, 96 Mo. 290; White v. Railroad, 34 Mo.

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Appeal from Monroe Circuit Court.—Hon. T. H. Bacon, Judge. (1) The traveler had the same right upon the crossing as the train had, and it was as much the duty of the train men to keep a lookout as the traveler, enhanced by the greater danger from the machinery used by the defendant. Eswin v. Railroad, 96 Mo. 290; White v. Railroad, 34 Mo. App. 57. (2) The defendant was negligent in permitting a mudhole in the roadway on its crossing, and to permit a broken wagon to remain in the roadway that compelled the traveler to go around it, which not only impeded his passage but forced him in a…

1Opinion of the CourtBbaoe, J.

This is an action for damages for the death of plaintiff’s husband, who was struck and killed by one of defendant’s passenger trains, on a public road crossing about two miles west of Monroe City, about noon on the first day of September, 1891. The petition charges that his death was caused by the negli*569gence of the defendant in allowing prairie grass and weeds to grow upon its right of way around and near said crossing so as to obstruct the view of its tracks and trains; in permitting said crossing to become and remain obstructed with holes and ruts and the wreck of broken wagons and…

2Cases cited1 opinion

  1. Haynes v. TrentonSupreme Court of Missouri · 1894

3Cited by62 opinions

  1. Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
  2. Kelly v. ThueySupreme Court of Missouri · 1898
  3. Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
  4. Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
  5. Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923

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