Lockhart v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. II. O. Timmonds, Judge. (1) There was no proof of a failure to give'the statutory, signals. The trainmen in charge of the train were presumed to have given the proper signal because it was their duty to do so. Catheart v. Railroad, 19 Mo. App. 113, 118; Jewett v. Railroad, 50 Mo. App. 551; Wyrick v. Railroad, 74 Mo. App. 406, 417; Guest v. Railroad, 77 Mo.
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Appeal from Vernon Circuit Court. — Hon. II. O. Timmonds, Judge. (1) There was no proof of a failure to give'the statutory, signals. The trainmen in charge of the train were presumed to have given the proper signal because it was their duty to do so. Catheart v. Railroad, 19 Mo. App. 113, 118; Jewett v. Railroad, 50 Mo. App. 551; Wyrick v. Railroad, 74 Mo. App. 406, 417; Guest v. Railroad, 77 Mo. App. 258, 261; Lenox v. Harrison, 88 Mo. 491, 496; State ex rel. v. Bank, 120 Mo. 161, 169. (2) The burden was on plaintiff to prove the failure to give the signals. The evidence offered was not…
1Opinion of the CourtBroaddus, J.
This is an action to recover the value of two steers alleged to have been killed on a public crossing. The suit was brought in the justice court, taken by appeal to *102the circuit court, where the plaintiff recovered judgment from which the defendant appealed.
The defendant claims there was- no evidence to sustain the allegations of the statement that the defendant’s agents failed to ring the bell or sound the whistle as the train approached the crossing; or, that the animals were killed while on the crossing. As to whether the statutory signal was given as the train approached the crossing, must…
2Cases cited3 opinions
- Cathcart v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1885
- McCormick v. Kansas CityMissouri Court of Appeals · 1892
- Summerville v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
3Cited by2 opinions
- Butler v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Roberts v. Wabash RailroadMissouri Court of Appeals · 1905