Underwood v. St. Louis Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Division No. One.— Mon. Joseph D. Perhins, Judge. (1) Plaintiff’s liusband was guilty of such, contributory negligence as a matter of law as -debars her recovery. One who approaches a railroad crossing where Ms view and hearing are obstructed or interfered with must look and listen for the cars as soon as the obstruction is passed and a failure to do so will bar his right of recovery in case of injury.
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Appeal from Jasper Circuit Court, Division No. One.— Mon. Joseph D. Perhins, Judge. (1) Plaintiff’s liusband was guilty of such, contributory negligence as a matter of law as -debars her recovery. One who approaches a railroad crossing where Ms view and hearing are obstructed or interfered with must look and listen for the cars as soon as the obstruction is passed and a failure to do so will bar his right of recovery in case of injury. The duty of the traveler to look and listen is a continuing one until the crossing is passed. Jackson v. Eailroad, 171 Mo. App. 430; Kelsay v. Eailroad, 129…
1Opinion of the CourtSturgis, J.
This suit originated in Lawrence county, Missouri, but was tried on change of venue in Jasper county. It was brought' by the wife to recover for the death of her husband under section 5425, Revised Statutes 1909. The husband was killed at a public road crossing some four miles southeast of Aurora by colliding with defendant’s passenger train while he was attempting to cross the defendant’s track at that point about noon, July 1, 1913. He was at the time a rural route mail carrier traveling out of Aurora in an open, ordinary, steel tired, one horse buggy, with a large umbrella fixed to the…
Also in this document: Concurrence.
2Cases cited17 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
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3Cited by10 opinions
- Yeaman v. StormsSupreme Court of Missouri · 1949
- Maginnis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1916
- Hollister v. A. S. Aloe Co.Supreme Court of Missouri · 1941
- Rudolph Rudloff v. Rolan M. JohnsonCourt of Appeals for the Eighth Circuit · 1959
- Swigart v. LuskMissouri Court of Appeals · 1917
5 more not listed; retrieve them via the Exa API.