Whitesides v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Montgomery Circuit Court.. — Eon. James D. Barnett, Judge. (1) .Defendant’s demurrers should have been sustained because there is a positive absence of any proof whatever showing the circumstances attending the accident.
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Appeal from Montgomery Circuit Court.. — Eon. James D. Barnett, Judge. (1) .Defendant’s demurrers should have been sustained because there is a positive absence of any proof whatever showing the circumstances attending the accident. Proof that Whitesides, returning from a sojourn to a saloon and carrying two baskets of beer, was seen at Dyer’s private crossing some time between 10 and 11 o ’block at night walking north along and on a straight railroad track, that on the next day at another crossing 800' feet further north his body was found by the side of the track with his. skull crushed and…
1Opinion of the CourtNortoni, J.
— This is a suit under the wrongful death statute for damages accrued through the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal. ' ’
Plaintiff’s decedent, George "Whitesides, was run upon and killed on defendaht’s railroad track by its locomotive and train, on the night of August 15, 1910, at a point' in Lincoln county, about 2287 feet north of Oasis station. At the time of his death, Whitesides was an unmarried man, strong, robust, possessed of all of his faculties, and aged twenty-nine years. Thereafter Josiak Whitesides, his father, was duly…
2Cases cited4 opinions
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Hamilton v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1913
- Maginnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
3Cited by9 opinions
- Henkrick v. KurnSupreme Court of Missouri · 1944
- George v. Mo. Pac. R.R. Co.Missouri Court of Appeals · 1923
- Wright v. Order of United Commercial Travelers of AmericaMissouri Court of Appeals · 1915
- Starks v. LuskMissouri Court of Appeals · 1916
- Houston v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1972
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