Hickman v. Union Depot Railroad
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. It is the duty of a person before driving across the tracks of an electric railway to look and listen for approaching motor cars and to stop, if necessary, to avoid collision. Defendant’s first instruction refused should have been given.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. It is the duty of a person before driving across the tracks of an electric railway to look and listen for approaching motor cars and to stop, if necessary, to avoid collision. Defendant’s first instruction refused should have been given. Harlan v. Railroad, 64 Mo. 480; Fletcher v. Railroad, 64 Mo. 484, and authorities there cited; Henze v. Railroad, 71 Mo. 636; Stepp v. Railroad, 85 Mo. 229; Damrill v. Railroad, 27 Mo. App. 202; Burbridge v. Railroad, 36 Mo, App. 670. And, if a person fails to look and listen and is…
1Opinion
ON MOTION DOR REHEARING.
Biggs, J.
A re-examination of the questions involved in this case has confirmed us in the correctness of our opinion.
We stated that the rule in this state was, that persons traveling on the streets or public highways must, in approaching the crossing of a steam railroad, look and listen for cars. We also stated that this was conceded by the plaintiff’s counsel. We certainly so understood him on the argument. But he assures us that we were mistaken in this, and he vigorously protests against being placed in a false position “before the bar of Missouri.” We cheerfully…
2Cases cited30 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
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