White v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from the Macon Circuit Court.—Eon. Nat M. Shelton, Judge. (1) The evidence as to the absence of signals and the speed of the train was incompetent. Stillson v. Railroad, 67 Mo. 671; Powell v. Railroad, 76 Mo. 80. (2) The peremptory instruction to find for defendant at the close of the plaintiffs evidence, and again at the close of all the evidence, should have been given.
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Appeal from the Macon Circuit Court.—Eon. Nat M. Shelton, Judge. (1) The evidence as to the absence of signals and the speed of the train was incompetent. Stillson v. Railroad, 67 Mo. 671; Powell v. Railroad, 76 Mo. 80. (2) The peremptory instruction to find for defendant at the close of the plaintiffs evidence, and again at the close of all the evidence, should have been given. There was a complete failure of proof of the allegations of negligence in the petition and the instructions given at the instance of defendant so explicitly declared. The contributory negligence of plaintiff, in…
1Opinion of the CourtSmith, P. J.
Action to recover damages for personal injuries. The facts which the evidence tends to establish may be grouped in this wise. The plaintiff with a span of horses attached to a wheel scraper was at work under a contractor in cleaning out and opening the ditches on the sides of the defendant’s track where it runs through a long, deep and curved cut. He had been thus engaged with others for about a month previous to the time at which he was struck and injured by one of the defendant’s passing trains. About thirty feet west of where he was struck there was an overhead bridge, the bents of which…
2Cases cited26 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
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3Cited by3 opinions
- Brunke v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1905
- Cassin v. LuskSupreme Court of Missouri · 1919
- Gordon v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1909