Turner v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Hon. John T. Redd, Judge. The company had no control of the road, and is not liable. Pierce on Railways, 285 and notes. It was respondent’s duty, under the facts in this case, to stop and look and listen for approaching trains before going upon the crossing. Railroad Co. v. Beale, 73 Pa. St. 504; s. e.,. 13 Am.
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Appeal from Hannibal Court of Common Pleas. — Hon. John T. Redd, Judge. The company had no control of the road, and is not liable. Pierce on Railways, 285 and notes. It was respondent’s duty, under the facts in this case, to stop and look and listen for approaching trains before going upon the crossing. Railroad Co. v. Beale, 73 Pa. St. 504; s. e.,. 13 Am. Rep. 753 ; Zimmerman v. Railroad Co., 71 Mo. 476; Henze v. Railroad Co., 71 Mo. 636. The facts stand uncontradicted that the railroad track was lower than the gravel road, on which respondent was ■ traveling, and that a train could not be…
1Opinion of the CourtHenry, J.
This is an action to recover damages for an injury to plaintiff’s team of horses and wagon, by a locomotive of defendant passing over its road. The allegation of the petition is, that the said locomotive ran against said horses and wagon, driven by plaintiff, in consequence of the negligent and careless manner in which it was managed by defendant’s servants, who neglected to blow the whistle or ring the bell as the locomotive approached the crossing at which the accident occurred. The answer is a general denial, and also contains the following special defense: “ That at the time of the said…
2Cases cited5 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Fletcher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
- Purl v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
3Cited by24 opinions
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Missouri Pac. Ry. Co v. MoseleyCourt of Appeals for the Eighth Circuit · 1893
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GramesIndiana Court of Appeals · 1893
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