Veatch v. Wabash Railroad Co.
Missouri Court of Appeals
Apppeal from Adair Circuit Court. — Hon. Samuel Davis, Judge. There is nothing shown in, the record in this case to bring it within the humanitarian rule. There is nothing to show that deceased was in a position of peril; that he was unconscious of it; that the engineer was aware of his peril or by the exercise of ordinary care could have become aware of it in time to have averted his death.
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Apppeal from Adair Circuit Court. — Hon. Samuel Davis, Judge. There is nothing shown in, the record in this case to bring it within the humanitarian rule. There is nothing to show that deceased was in a position of peril; that he was unconscious of it; that the engineer was aware of his peril or by the exercise of ordinary care could have become aware of it in time to have averted his death. There is nothing shown in the conduct or actions of deceased to indicate to an ordinarily prudent person that deceased intended to leave a place of safety and venture across the tract on which the train…
1Opinion of the CourtJohnson, J.
This action is prosecuted by Julia Yeatch to recover damages for the death of her husband which she alleges was caused by the negligence of de*235fendant. A trial before a jury resulted in a Terdict and judgment for plaintiff in the sum of five thousand dollars, and the cause is here on the appeal of defendant.
The cause of action alleged in the petition and sought to be maintained by plaintiff in her evidence is negligence of defendant under what is termed the “humanitarian rule.” The answer, in addition to a general denial, pleads other defenses, among them that of contributory negligence. The…
2Cases cited2 opinions
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Reeder v. Crystal Carbonate Lime Co.Missouri Court of Appeals · 1908
3Cited by4 opinions
- Shelton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Kunnemeyer v. Long Is. R.R.Appellate Division of the Supreme Court of the State of New York · 2021
- Lewis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
- Schupp v. Wabash RailroadMissouri Court of Appeals · 1912