Maxey v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. E. L. Edwards’ Judge. Action for damages for personal injuries caused by plaintiff being struck by the tender of a construction train of the defendant company.
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Appeal from Moniteau Circuit Court. — Hon. E. L. Edwards’ Judge. Action for damages for personal injuries caused by plaintiff being struck by the tender of a construction train of the defendant company. The scene of the accident will be more readily understood by the subjoined plat: The first count in the petition charges: That on the twenty-third day of May, 1890, while plaintiff was in the act of crossing defendant’s north side or switch track in the village of Clarksburg, Missouri, “at the regular passenger crossing,” defendant’s agents and servants carelessly and negligently ran its…
1Opinion of the Court
Shebwoox), P. J.
The refusal of this instruction presents the salient feature of this case, the facts of which, as already seen, stand out conspicuously on the record.
There can be no doubt that plaintiff was approaching the north of “switch track” without looking or listening, or giving any heed to his dangerous surroundings. This plainly appears from the testimony of Sparks, the only witness who distinctly saw the plaintiff “just the.last step he took,’1'1 when only “three or four feet from the track,” and “the tender right at him, about *11ten or fifteen feet from him.” This testimony of Sparks…
2Cases cited7 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- Davies v. People's Railway Co.Supreme Court of Missouri · 1900
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
- Hall v. FrenchSupreme Court of Missouri · 1901
- Kreis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
19 more not listed; retrieve them via the Exa API.