Chamberlain v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The trial court should have directed a verdict for the defendant. The accident was caused, not by any negligence on the part of the defendant, but by the grossest sort of negligence on the part of plaintiff’s husband.
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Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The trial court should have directed a verdict for the defendant. The accident was caused, not by any negligence on the part of the defendant, but by the grossest sort of negligence on the part of plaintiff’s husband. It occurred in the country, not within the corporate limits of a populous city, nor at a public crossing, and the deceased being a trespasser on defendant’s track, the defendant’s employees owed to him no duty except not to wantonly injure him. Under the circumstances of the case they were not bound to…
1Opinion of the Court
■division TWO.
Gantt, P. J.
This is an appeal from a judgment of the circuit court of Jackson county, in favor of ■Olive Chamberlain, the widow of Godfrey Chamberlain who was killed by a train on the Missouri Pacific Railway Company’s track, in the east bottoms near Kansas 'City on September 2, 1892.
The action is grounded upon the negligence of the 'defendant’s servants in running its train over said Godfrey Chamberlain without warning after they discovered he was unconscious of the approach of said train. Plea of contributory negligence and denial of negligence of the trainmen. A jury was duly…
2Cases cited5 opinions
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Reardon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- LeMay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Fiedler v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
- Guenther v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
3Cited by29 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Teakle v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1907
- Ahnefeld v. Wabash RailroadSupreme Court of Missouri · 1908
- Dutcher v. Wabash RailroadSupreme Court of Missouri · 1912
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