Marsh v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Bo». B. C. Tvmmonds, Judge. (1) The demurrer to the evidence should have been sustained (a) because the alleged failure to give the signals was not the cause of the accident; (b) deceased’s own negligence precluded a recovery. Harlan v. Railway, 64 Mo. 480; Fletcher y.
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Appeal from Vernon Circuit Court. — Bo». B. C. Tvmmonds, Judge. (1) The demurrer to the evidence should have been sustained (a) because the alleged failure to give the signals was not the cause of the accident; (b) deceased’s own negligence precluded a recovery. Harlan v. Railway, 64 Mo. 480; Fletcher y. Railway, 64 Mo. 484; Harlan v. Railway, 65 Mo. 22; Zimmerman v. Railway, 71 Mo. 490; Heinz v. Railway, 71-Mo. 636; Purl v. Railway, 72 Mo. 168; Turner v. Railway, 74 Mo. 602-606; Hixson v. Railway, 80 Mo. 335-340; Fox v. Railway, 85 Mo. 679; Kelly v. Railway, 88 Mo. 534-548; Stepp v. Railway,…
1Opinion of the CourtEllison, J.
Plaintiff is the widow of GL W. Marsh who was killed by one of defendant’s trains in the village of Hume. She recovered judgment for forty-five hundred dollars. and defendant appealed to this court.
The deceased with Willis Harrold and two others, all in Harrold’s wagon, had driven into the town to do some shopping. In returning, Harrold and one of the others were on the front seat, Harrold driving, while the deceased and the other man were sitting in the rear on the bottom of the wagon bed. The evidence tended to show that defendant’s road runs from north to south through the town and that in…
2Cases cited16 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Flynn v. Chicago City Railway Co.Illinois Supreme Court · 1911
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Casey v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Fechley v. Springfield Traction Co.Missouri Court of Appeals · 1906
- Canter v. City of St. JosephMissouri Court of Appeals · 1907
7 more not listed; retrieve them via the Exa API.