Dyrcz v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — How. G. A. Mosman, Judge. The demurrer of defendant offered to the evidence should have- been sustained for the reasons, viz.: First. Because the plaintiff, a trespasser, stepped in front of the train without first looking or listening for it. Second. Because plaintiff' was warned by the sounding of the whistle in ample time to have gotten off the track, and his negligence in not doing so prevents his recovery in this ease.
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Appeal from Buchanan Circuit Court. — How. G. A. Mosman, Judge. The demurrer of defendant offered to the evidence should have- been sustained for the reasons, viz.: First. Because the plaintiff, a trespasser, stepped in front of the train without first looking or listening for it. Second. Because plaintiff' was warned by the sounding of the whistle in ample time to have gotten off the track, and his negligence in not doing so prevents his recovery in this ease. If plaintiff had knowledge of the approaching train, or if by the exercise of ordinary care he conlcl have known that fact, then he…
1Opinion of the CourtLamm, J.
Negligence. Plaintiff had a judgment for $1500 in the Buchanan Circuit Court. Defendant appeals, raising (among others) constitutional questions.
The gist of the complaint is that while plaintiff was on one of defendant’s tracks in South St. Joseph on his way home on the afternoon of September 23, 1907, at a point where said track was customarily used by many persons going to and returning from certain packing houses, and which customary use was known to defendant, its agents and servants in charge of its certain freight train, he was run down from behind by the engine pulling said train and…
2Cases cited4 opinions
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Laun v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
3Cited by14 opinions
- Maginnis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1916
- Rattie v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1927
- Logan v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1923
- Wells v. DavisSupreme Court of Missouri · 1924
- Maginnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
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