Green v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — IIon. John W. McElhinney, Judge. (1) Tke undenied and undisputed evidence in this case, in fact, the plaintiff’s own evidence, makes this a clear case of contributory negligence upon the part of plaintiff’s wife.
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Appeal from Franklin Circuit Court. — IIon. John W. McElhinney, Judge. (1) Tke undenied and undisputed evidence in this case, in fact, the plaintiff’s own evidence, makes this a clear case of contributory negligence upon the part of plaintiff’s wife. Every eye-witness to the accident, both for the plaintiff and defendant, strongly, pointedly and repeatedly testified that Mrs. Creen hurried across the track on which the freight train stood, and then on across the space between the two tracks, and on the track on which she was struck, looking straight ahead of her, neither to the right nor to…
1Opinion of the CourtValliant, J.
Plaintiff’s wife waskilled by being run over by a locomotive on defendant’s road in the city of Pacific; this suit was brought to recover $5,000 damages under the provisions of section 2865, Revised Statutes 1899; the trial resulted in a verdict and judgment for plaintiff for that amount, and defendant has appealed.
The petition charges that the locomotive was negligently run at a high and excessive rate of speed; that the bell was not rung or kept ringing as the statute requires, and the locomotive was run in excess of six miles an hour in violation of an ordinance of the city.
The answer was…
2Cases cited2 opinions
- Hutchinson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Huckshold v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
3Cited by32 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Rodan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Walker v. Wabash RailroadSupreme Court of Missouri · 1906
- Evans v. Illinois Central RailroadSupreme Court of Missouri · 1921
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
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