Legal Opinion

Schaub v. Kansas City Southern Railway Co.

Missouri Court of Appeals

Decided October 5, 1908PublishedCited by 12 opinions

Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) Plaintiff was guilty of contributory negligence as a matter of law. Fletcher v. Railroad, 64 Mo. 484; Harlan v. Railroad, 65 Mo. 22; Zimmerman v. Railroad, 71 Mo. 476; Henze y. Railroad, 71 M'o. 686; Purl y. Railroad, 72 Mo. 168; Turner y. Railroad, 74 Mo. 602; Powell y. Railroad, 76 Mo. 80; Lenix y. Railroad, 76 Mo. 86; Hixson y. Railroad, 80 Mo. 885; Fox y.

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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) Plaintiff was guilty of contributory negligence as a matter of law. Fletcher v. Railroad, 64 Mo. 484; Harlan v. Railroad, 65 Mo. 22; Zimmerman v. Railroad, 71 Mo. 476; Henze y. Railroad, 71 M'o. 686; Purl y. Railroad, 72 Mo. 168; Turner y. Railroad, 74 Mo. 602; Powell y. Railroad, 76 Mo. 80; Lenix y. Railroad, 76 Mo. 86; Hixson y. Railroad, 80 Mo. 885; Fox y. Railroad, 85 Mo. 679; Kelly v. Railroad, 88 Mo. 534; Butts v. Railroad, 98 Mo. 272; Dixon y. Railroad, 104 Mo. 491; Hayden y. Railroad, 124 M'o. 566; Kelsay y.…

1Opinion of the CourtJohnson, J.

Plaintiff sued to recover damages for personal injuries alleged to have been caused by the negligence of defendant. He had judgment in the sum of eight hundred dollars and defendant appealed. The injury occurred on August 1, 1905, at the intersection of defendant’s railroad and Holmes street in Kansas City. The street runs north and south and crosses defendant’s tracks — two in number — at a right angle. At about half past six o’clock in the evening, plaintiff, accompanied by a Mr. Hageler, drove south on Holmes street in a one-horse buggy and, as they neared the crossing, looked for some…

2Cases cited4 opinions

  1. Mockowik v. Kansas CitySupreme Court of Missouri · 1906
  2. Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
  3. Edwards v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1902
  4. McNamara v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1907

3Cited by12 opinions

  1. In Re the Will of WallSupreme Court of North Carolina · 1943
  2. Gilmore v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1914
  3. Gibbons v. N. O. Terminal Co.Louisiana Court of Appeal · 1925
  4. Canty v. HalpinSupreme Court of Missouri · 1922
  5. Cornell v. Mutual Life InsuranceMissouri Court of Appeals · 1914

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