Morgan v. Wabash Railroad
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes j Judge. (1) Upon the undisputed facts in this case, the contributory negligence of the deceased was the proximate cause of his death, and, for that reason, the plaintiff is not entitled to recover. Holwerson v. Railroad, 157 Mo. 216, and cases cited. (2) The demurrer to the evidence should have been sustained.
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes j Judge. (1) Upon the undisputed facts in this case, the contributory negligence of the deceased was the proximate cause of his death, and, for that reason, the plaintiff is not entitled to recover. Holwerson v. Railroad, 157 Mo. 216, and cases cited. (2) The demurrer to the evidence should have been sustained. Zimmerman v. Railroad, 71 Mo. 47 6; Williams v. Railroad, 96 Mo. 275; Barker v. Railroad, 98 Mo. 50; Hyde v. Railroad, 110 Mo. 272; Maxey v. Railroad, 113 Mo. 1; Boring v. Railroad, 128 Mo. 349; Railroad v. Jones, 163 111. 167.…
1Opinion of the Court
In Division One.
VALLIANT, J.
Plaintiff’s husband was run over and killed by a train on defendant’s road near Wright City, in Warren county, April 9, 1897, and this suit is to recover the damages allowed by the statute in such case when the killing is the result of defendant’s negligence.
The petition stated that plaintiff’s husband was walking eastward on the railroad track about a quarter of a mile east of Wright City, where the track was level and straight for a long distance and which for many years pedestrians to and from that town had been accustomed to use as a road and footpath by the…
2Cases cited15 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
10 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Banks v. Morris CompanySupreme Court of Missouri · 1924
- Dempsey v. HortonSupreme Court of Missouri · 1935
- Theobald v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
84 more not listed; retrieve them via the Exa API.