Maginnis v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. George G. Hitchcock, Judge. (1) The demurrer to the evidence was properly overruled. The case was one for the jury. Maginnis v. Railroad, 165 S. W. 849. (2) The facts and the law of* this case are res judicata. (1) A clear ease of contributory neglig-ence on part of Maginnis was disclosed by the evidence. There was no showing of facts justifying the application of the humanitarian doctrine.
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Appeal from St. Louis City Circuit Court.— Hon. George G. Hitchcock, Judge. (1) The demurrer to the evidence was properly overruled. The case was one for the jury. Maginnis v. Railroad, 165 S. W. 849. (2) The facts and the law of* this case are res judicata. (1) A clear ease of contributory neglig-ence on part of Maginnis was disclosed by the evidence. There was no showing of facts justifying the application of the humanitarian doctrine. Keele v. Railroad, 258 Mo. 62; Burge v. Railroad, 244 Mo. 76; Dyrcz v. Railroad, 238 Mo. 33; Bennett v. Railroad Assn., 242 Mo. 125; McGee v. Railroad, 214…
1Opinion of the CourtRevelle, J.
— This is an action for damages on account of the death of plaintiff’s husband, who was killed by defendant’s train while attempting to cross over the tracks of its railroad at Glendale in St. Louis County.
The negligence charged is that the defendant’s servants in charge of the train failed to keep a careful and vigilant watch for the deceased as he was approaching and crossing the tracks, and in failing to slow down or slacken the speed of said train so as to permit the deceased to cross in safety, and in failing to warn the deceased of the ap.proach of the train after defendant’s servants *670sa…
2Cases cited13 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Knorpp v. WagnerSupreme Court of Missouri · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Perkins v. Terminal Railroad Assn.Supreme Court of Missouri · 1937
- Smith v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- Frank v. Wabash Railroad CompanySupreme Court of Missouri · 1956
- Klotsch v. P. F. Collier & Son Corp.Supreme Court of Missouri · 1942
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928
30 more not listed; retrieve them via the Exa API.