Thompson v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. Jno. A. Hodcaday, Judge. (1) The court erred in refusing to give plaintiff’s instruction No. 2; it is an exact copy of one that has been approved by our Supreme Court in case of Brown v. Railroad, 50 Mo. 4-61; White v. Railroad, 34 Mo. App, 78. (2) Plaintiff’s instruction No. 5 should also have been given.
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Appeal from Boone Circuit Court. — Hon. Jno. A. Hodcaday, Judge. (1) The court erred in refusing to give plaintiff’s instruction No. 2; it is an exact copy of one that has been approved by our Supreme Court in case of Brown v. Railroad, 50 Mo. 4-61; White v. Railroad, 34 Mo. App, 78. (2) Plaintiff’s instruction No. 5 should also have been given. Although the trainmen did not know of the dangerous position of plaintiff, yet if they could have known it or discovered it by the exercise of ordinary care, the defendant is liable. Gass v. Railroad, 57 Mo. App. 580; Davis v. Railroad, 46 Mo. App.…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant. The petition alleged that there was a .public street in the town of McBaine known as Perche avenue, and that defendant had two or more tracks which crossed said street; that at the time of the injury complained of one of its freight trains negligently obstructed said street-crossing ; that while the plaintiff, a minor, was attempting to pass between the ears of said train, the defendant’s employees in charge thereof negligently caused it to suddenly move back,…
2Cases cited17 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gesas v. Oregon Short Line R.Utah Supreme Court · 1907
- Butler v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Dodwell Ex Rel. Williams v. Missouri Pacific RailroadSupreme Court of Missouri · 1964
- Texas & New Orleans Railroad v. McLeodCourt of Appeals of Texas · 1910
- Sites v. KnottSupreme Court of Missouri · 1906
1 more not listed; retrieve them via the Exa API.