Clark v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Yallí ant, Judge. (1) The plaintiff must prove facts which establish the negligence of the defendant as the proximate cause-of his injuries. 16 Am. and Eng.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yallí ant, Judge. (1) The plaintiff must prove facts which establish the negligence of the defendant as the proximate cause-of his injuries. 16 Am. and Eng. Encyclopedia of Law, page 453. (2) It is necessary for the plaintiff to establish by evidence circumstances from which it may fairly be inferred that there is a reasonable probability that the accident resulted from the want of some precaution which the defendant might, and ought to, have resorted' to, and what particular precaution should have been, taken. Daniel v. Railroad, L. R. 3…
1Opinion of the CourtGantt, P. J.
On the night of December 3, 1890,. James E. Clark, the plaintiff, was a passenger on one-of defendant’s trains traveling from Chicago, Illinois, to Kansas City, Missouri. It was a fast train known as “the hummer.” He purchased his ticket in Chicago and retired to sleep in one of the sleeping cars of the train. The train reached Jacksonville, Illinois, about midnight.. At this point the Chicago and Alton railroad’s track extends north and south and is inter*203sected by the tracks of the Wabash railroad, which extend east and west. The tracks of each road cross the other at grade. There were two…
2Cases cited12 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- McCloskey Ex Rel. McCloskey v. KoplarSupreme Court of Missouri · 1932
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Wilson v. ToliverSupreme Court of Missouri · 1955
- Dempsey v. HortonSupreme Court of Missouri · 1935
39 more not listed; retrieve them via the Exa API.