Evans v. Wabash Railroad Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. E. P. Oates, Judge. Upon the undisputed facts in this case the plaintiff was not entitled to recover.
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Appeal from Jackson Circuit Court. — Eon. E. P. Oates, Judge. Upon the undisputed facts in this case the plaintiff was not entitled to recover. Loeffler v. Railroad, 96 Mo. 267; Reng v. Railroad, 112 Mo. 220; Loring v. Railroad, 128 Mo. 349; Epperson v. Telegraph Co., 155 Mo. 346; Ward, Adm’r, v. Railroad, 56 S. W. 807; Sinclair v. Railroad, 133 Mo. 241; Kreis v. Railroad, 148 Mo. 329; Davies v. Railroad, 59 S. W. 982; Sharp v. Railroad, 61 S. W. 829. (1) When reasonable men may fairly differ upon the question as to whether there was negligence or not, the matter is for the jury. Dixon v.…
1Opinion of the CourtBurgess, J.
This is an action-under the Damage Act, in which plaintiff recovered judgment against the defendant for five thousand dollars damages for *510negligently running its train of cars over and killing her husband, James Evans. Defendant appeals.
The accident occurred in the town of Randolph, Clay county, on the 15th day of October, 1898. . Within the last four or five years prior to the death 'of deceased, he had worked several times as a laborer for defendant-on its road in said county. He was an active man,, forty-five years of age, at the time of his death, with good eyesight and hearing. On the…
2Cases cited9 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
- Cahill v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Hinzeman v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Goodwin v. Missouri Pacific RailroadSupreme Court of Missouri · 1934
20 more not listed; retrieve them via the Exa API.