Petty v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. George W. Dunn, Judge. (1) The unQQntradicted OYidenoe shows that if d-G* ■ceased had looked (certainly if he had done so when within fifty yards, or less, of the track), he could have seen the train for a distance which increased from fifty yards to forty-two rods, as he approached the track, and that if he had stopped and listened he could have heard the train' at least a half a mile distant.
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Appeal from Clinton Circuit Court. — Hon. George W. Dunn, Judge. (1) The unQQntradicted OYidenoe shows that if d-G* ■ceased had looked (certainly if he had done so when within fifty yards, or less, of the track), he could have seen the train for a distance which increased from fifty yards to forty-two rods, as he approached the track, and that if he had stopped and listened he could have heard the train' at least a half a mile distant. Under these circumstances the plaintiff could not recover. Hixson v. Ry., 80 Mo. 335 ; Allyn v. Ry., 105 Mass. 77; Railroad Co. '(¡..Miller, 25 Mich. 274. (2)…
1Opinion of the Court
Norton, J.-
This suit was instituted by plaintiff to-.recover damages for the killing of her husband on a public road, by reason of the negligence of defendant in failing to ring its bell or sound a whistle at the distance of eighty rods from said crossing. The answer was a. general denial, and on the trial plaintiff had judgment, from which defendant has appealed, and'assigned as the chief ground of error the action of the court in refusing-to instruct the jury that, under the evidence, plaintiff' could not recover.
In order to a fair consideration of the question pie*309sented, we give all tlie…
2Cases cited8 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
- Fletcher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
- Mauerman v. SiemertsSupreme Court of Missouri · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
46 more not listed; retrieve them via the Exa API.