Beard v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) The court erred in refusing to permit the plaintiff to prove that the defendant neglected and failed to ring the hell or sound the whistle in order to warn the deceased of the near and dangerous approach of its train, because in this case its servants in charge of its train had no right to expect a clear track at the place where deceased was killed and it was their duty to see deceased and warn him by the use…
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Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) The court erred in refusing to permit the plaintiff to prove that the defendant neglected and failed to ring the hell or sound the whistle in order to warn the deceased of the near and dangerous approach of its train, because in this case its servants in charge of its train had no right to expect a clear track at the place where deceased was killed and it was their duty to see deceased and warn him by the use of the bell and the whistle. Reyburn v. Railroad, 187 Mo. 572; Morgan v. Wabash Ry. Co., 159 Mo. 283; Hinzeman v.…
1Opinion of the CourtWalker, P. J.
This is an action brought by an administrator for damages for the death of one Arthur Beard, alleged, to have been caused by the negligence of the defendant. The cause of action arose in Lafayette County, where the suit was instituted, but upon a change of venue it was tried in Saline County, resulting in a majority verdict for defendant, from which plaintiff appealed.
*147The deceased was killed February 28, 1913, by being struck by a loaded coal car; it was one of ten of a like character then being pushed or backed along a spur track by one of defendant’s engines. This engine was narrower than…
2Cases cited11 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Gibson v. LeonardIllinois Supreme Court · 1892
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hogan v. Kansas City Public Service Co.Supreme Court of Missouri · 1929
- Savage v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1931
- First National Bank of Fort Smith v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1993
- Biskup Ex Rel. Biskup v. HoffmanMissouri Court of Appeals · 1926
- Crossno v. Terminal Railroad Assn.Supreme Court of Missouri · 1931
4 more not listed; retrieve them via the Exa API.