Schmidt v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cole Circuit Court. — How. Jas. E. Ha&eU, Judge. The court erred in refusing to grant defendant’s demurrer, at the close of plaintiff’s evidence, and in refusing to peremptorily instruct the jury to find for the defendant at the close of all the evidence, (a') There is no dispute as to these facts, viz., that when Schmidt was at a point- twenty feet south of where he was struck, he could have seen the train coming toward him, at least two hundred and fifty feet,…
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Appeal from Cole Circuit Court. — How. Jas. E. Ha&eU, Judge. The court erred in refusing to grant defendant’s demurrer, at the close of plaintiff’s evidence, and in refusing to peremptorily instruct the jury to find for the defendant at the close of all the evidence, (a') There is no dispute as to these facts, viz., that when Schmidt was at a point- twenty feet south of where he was struck, he could have seen the train coming toward him, at least two hundred and fifty feet, (h) The undisputed evidence shows that Schmidt walked this twenty feet across two side tracks and on up to the main…
1Opinion of the CourtGantt, J.
This is an action for statutory damages for the killing of George E. Schmidt by a train of the Missouri Pacific Railway Company at a crossing in Jefferson City, Missouri.
The grounds of negligence alleged in the petition are four: First, that the defendant ran its locomotive and train of cars which struck and killed the plaintiff’s husband at an immoderate and excessive rate of speed over the public crossing, upon which crossing the plaintiff’s husband was struck and killed; second, that the defendant ran its locomotive and train of cars in excess of five miles per hour, in violation of the…
2Cases cited9 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Gardner v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Elkin v. St. Louis Public Service Co.Supreme Court of Missouri · 1934
- State Ex Rel. Kansas City Southern Railway Co. v. ShainSupreme Court of Missouri · 1937
- Rodan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
38 more not listed; retrieve them via the Exa API.