Harshaw v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Lawrence County Circuit Court.—Hon. Carr McNatt, Judge. (1) The defendant’s demurrer at the close of the evidence for the plaintiff and its demurrer at the close of all the evidence should have been given. Clark v. Railroad, 242 Mo. 605; Dyrcz v. Railroad, 238 Mo. 46; Hook v. Railroad, 162 Mo. 579; Schmidt v. Railroad, 191 Mo. 228; Sims v. Railroad, 116 Mo.
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Appeal from Lawrence County Circuit Court.—Hon. Carr McNatt, Judge. (1) The defendant’s demurrer at the close of the evidence for the plaintiff and its demurrer at the close of all the evidence should have been given. Clark v. Railroad, 242 Mo. 605; Dyrcz v. Railroad, 238 Mo. 46; Hook v. Railroad, 162 Mo. 579; Schmidt v. Railroad, 191 Mo. 228; Sims v. Railroad, 116 Mo. App. 572; Baecker v. Railroad, 240 Mo. 518; McGee v. Railroad, 214 Mo. 545; Stotler v. Railroad, 204 Mo. 628; Laun v. Railroad, 216 Mo. 578; Sanguinette • v. Railroad, 196 Mo. 488; Holland v. Railroad, 210 Mo. 350; Porter y.…
1Opinion of the CourtRobertson, P. J.
—On May 28, 1912, Aaron W. Harshaw was killed at a crossing on the defendant’s railroad by a passenger train and on August 9, 1912, the plaintiff, as administrator of his estate, brought this suit under section 5425, Revised Statutes 1909, alleging a failure of'the defendant to ring the bell or sound the whistle as required by section 3140, Re-' vised Statutes 1909.
The testimony introduced at the trial discloses that the crossing at which the accident oeeured is on a public road, running north and south, through what is called Bowers Mill in Lawrence county; that the crossing is 2420 feet…
Also in this document: Concurrence.
2Cases cited7 opinions
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
- Weigman v. St. Louis, Iron Mountain & Southern RailwaySupreme Court of Missouri · 1909
- Feeney v. Wabash RailroadMissouri Court of Appeals · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Underwood v. Saint Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1915
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Hudson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1914
- St. Louis-San Francisco Railway Co. v. FowlerSupreme Court of Arkansas · 1937
2 more not listed; retrieve them via the Exa API.