Honea v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) In order to prevent a collision it was the duty of the section foreman to cause the crew and the handcar to clear the main track at least ten minutes before the arrival of the fast passenger train, which was running on schedule time, and the failure to perform this duty constituted actionable negligence.
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Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) In order to prevent a collision it was the duty of the section foreman to cause the crew and the handcar to clear the main track at least ten minutes before the arrival of the fast passenger train, which was running on schedule time, and the failure to perform this duty constituted actionable negligence. Schroeder v. Railroad, 108 Mo. 322; Stephens v. Railroad, 86 Mo. 221; Sec. 5426, R. S. 1909; Sec. 2865; R. S. 1899; Sec. 5427, R, S. 1909; Sec. 2866; R. S. 1899; Settle v. Railroad, 127 Mo. 344. (2) There is no assumption of…
1Opinion
OPINION ON MOTION FOR REHEARING.
BROWN, J.
— This case has been pending in this court since February 17, 1909, and' much judicial energy has been expended in sundry efforts to dispose of it according to correct principles of law. It was first heard in Division One at. our October term, 1911; and an opinion written by Commissioner Bond, recommending that the cause be remanded for a new trial. That opinion was not adopted by a majority of the judges composing Division One; so the case was transferred to the Court in Banc.
It was heard in Banc at our April term, 1912; and in an opinion filed by…
2Cases cited3 opinions
- Schwald v. BrunjesMissouri Court of Appeals · 1909
- Brier v. State Exchange Bank of MaconSupreme Court of Missouri · 1910
- Horgan v. BradySupreme Court of Missouri · 1900