DeBolt v. Kansas City, Fort Scott & Memphis Railway Co.
Supreme Court of Missouri
Appeal from Jasper Circuit• Court. — Hon. M. G. McGregor, Judge. (1) Usually the question of contributory negligence is one of fact and is left to the jury under suitable instructions. Beach on Contributory Negligence [2 Ed.], sec. 448, page 566; Smith v. Railroad, 61 Mo. 588; ScoviUe v. Railroad, 81 Mo. 434; Reilly v. Railroad, 94 Mo. 600. (2) When the character of the facts are such that different conclusions may be drawn from them, it is a question for the jury.
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Appeal from Jasper Circuit• Court. — Hon. M. G. McGregor, Judge. (1) Usually the question of contributory negligence is one of fact and is left to the jury under suitable instructions. Beach on Contributory Negligence [2 Ed.], sec. 448, page 566; Smith v. Railroad, 61 Mo. 588; ScoviUe v. Railroad, 81 Mo. 434; Reilly v. Railroad, 94 Mo. 600. (2) When the character of the facts are such that different conclusions may be drawn from them, it is a question for the jury. Beach on Contributory Negligence [2 Ed.], sec. 450 and 451; Dunn v. Railroad, 21 Mo.- App. 188; Norton v. Miner, 56 Mo. 351;…
1Opinion of the CourtGantt, J.
— This action was brought in the circuit court of Jasper county, by the plaintiff, as the widow of Prank DeBolt, to recover of the defendant stat*500utory damages for negligently causing the death of her husband.
The action was commenced within six months after her husband’s, death, which occurred June 8,, 1891. The petition states the following facts as tho basis of the recovery sought:
“That on the eighth day of June, 1891, and within six (6) months before the bringing of this suit, her said husband, Pranklin A. DeBolt, was engaged in directing the unloading of a flat car loaded with stone, which…
2Cases cited6 opinions
- Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
- Melcher v. ScruggsSupreme Court of Missouri · 1880
- Spotts v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Manion v. StateSupreme Court of Missouri · 1848
- Myers v. WoolfolkSupreme Court of Missouri · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Jackson v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1910
- Hopkins v. BoydIndiana Court of Appeals · 1897
- Carner v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1936
- Evans v. Dyke Automobile Co.Missouri Court of Appeals · 1906
6 more not listed; retrieve them via the Exa API.