Spillane v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Error to Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The ordinance excluded by the court provides, “One or more watchmen shall be employed * * * to be stationed at each of the crossings hereinafter named, whose duty it shall be by day and night, to notify all persons about to cross the railroad track at any such crossing, of the approach of any locomotive, tender or car.”
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Error to Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The ordinance excluded by the court provides, “One or more watchmen shall be employed * * * to be stationed at each of the crossings hereinafter named, whose duty it shall be by day and night, to notify all persons about to cross the railroad track at any such crossing, of the approach of any locomotive, tender or car.” The failure of defendant to have such watchman at the crossing of Grand avenue and Front street, is one of the grounds of negligence alleged in the petition. The mere fact that the boy was not struck immediately…
1Opinion of the CourtGantt, P. J.
This is- an action for damages resulting from personal injuries sustained by plaintiff on the thirteenth of October, 1888. This is the second appeal in the cause. The first is reported in 111 Mo. 559. On the last trial the jury returned a verdict for defendant from which plaintiff brings error.
The accident occurred at a point on defendant’s railway in Kansas City two hundred and sixty-five feet east of the east line of Grand avenue where said avenue intersects defendant’s tracks on Front street. At this point and for several hundred feet both east and west the defendant’s railway is located…
2Cases cited2 opinions
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- State v. AdamsSupreme Court of Missouri · 1882
3Cited by24 opinions
- Lester v. SaylesSupreme Court of Missouri · 1993
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
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