Fagg v. Missouri & North Arkansas Railroad
Missouri Court of Appeals
Appeal from Newton County Circuit Court.— Hon. Carr MfiNatt, Judge. The demurrer to the evidence should have been sustained. Sanguinette v. Railroad, 196 Mo. 466; Kelsay v. Railroad, 129 Mo. 362; Haydon v. Railroad, 124 Mo. 566; Payne v. Railroad, 136 Mo. 562; Osborne v. Railroad, 179 Mo.
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Appeal from Newton County Circuit Court.— Hon. Carr MfiNatt, Judge. The demurrer to the evidence should have been sustained. Sanguinette v. Railroad, 196 Mo. 466; Kelsay v. Railroad, 129 Mo. 362; Haydon v. Railroad, 124 Mo. 566; Payne v. Railroad, 136 Mo. 562; Osborne v. Railroad, 179 Mo. App. 245; Keele v. Railroad, 258 Mo. 62; Walker v. Railroad, 193 Mo. 453, 479 ; Moeowik v. Railroad, 196- Mo. 550, 570;-Green v. Railroad, 192 Mo. 131; Schmidt v. Railroad, 191 Mo. 215; Stotler v.' Railroad, 204 Mo. 619; Huggart v. Railroad, 134 Mo. 673; Laun v. Railroad, 216 Mo. 536; Stepp v. Railroad, 85…
1Opinion of the CourtFarrington, J.
Plaintiff recovered a judg.ment for injuries to his person and to his team and wagon and its contents as a result of a collision at one of defendants’ railroad crossings in Newton county. He was struck by a northbound combination baggage and passenger coach propelled by a gasoline electrical motor. Plaintiff in his petition charged in three counts three acts of negligence on the part of the defendants. The first is based on a failure to give the statutory warning signals. The second is based on the humanitarian doctrine. The third is based on a failure to provide a proper railroad crossing.
The…
2Cases cited13 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Walker v. Wabash RailroadSupreme Court of Missouri · 1906
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
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