Holmes v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Ho». Wm: L. Jarrott, Judge. (1) The failure to give the statutory signals at the street crossing entitled plaintiffs to recover, unless their child was guilty of contributory negligence.
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Appeal from Johnson Circuit Court. — Ho». Wm: L. Jarrott, Judge. (1) The failure to give the statutory signals at the street crossing entitled plaintiffs to recover, unless their child was guilty of contributory negligence. Hanlon v. Railroad, 104 Mo. 381; Lloyd v. Railroad, 128 Mo. 595; Lamb v. Railroad, 147 Mo. 171; Sehmett v. Railroad, 160 Mo. 43; Reed v. Railroad, 80 S. W. 921. (2) The deceased was a child only eight yeárs old, and was only required to exercise such care, as would be expected of one of its age and capacity. Spillane v. Railroad, 135 Mo. 414; Ruschenberg v. Railroad, 161…
1Opinion of the CourtValliant, J.
Plaintiffs are husband and wife. Their child, eight years old, was struck and killed by a locomotive engine drawing a passenger train on defendant’s road at the crossing of Warren avenue in the city of Warrensburg.
The petition charges negligence on the part of defendant’s servants in charge of the engine in this, that they failed to give a signal, by bell or whistle, of the approach of the train; that they saw or by the exercise of ordinary care would have seen the child in a position of danger in time to have avoided the accident, by the use of ordinary care, yet failed to do so.
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2Cases cited10 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
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3Cited by25 opinions
- Lester v. SaylesSupreme Court of Missouri · 1993
- Cytron v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Walker v. Wabash RailroadSupreme Court of Missouri · 1906
- Herdt v. KoenigMissouri Court of Appeals · 1909
- Wilson v. WhiteMissouri Court of Appeals · 1954
20 more not listed; retrieve them via the Exa API.