Sharp v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Olías. L. Dotson, Judge.' The court should have directed a verdict for the defendant. (a) The physical facts established by plaintiff’s own evidence show that deceased knew of the approach of the train, and was guilty of negligence in not getting out of danger, and that but for this negligence on his part the accident would not have occurred.
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Appeal from Jackson Circuit Court. — Hon. Olías. L. Dotson, Judge.' The court should have directed a verdict for the defendant. (a) The physical facts established by plaintiff’s own evidence show that deceased knew of the approach of the train, and was guilty of negligence in not getting out of danger, and that but for this negligence on his part the accident would not have occurred. Lane v. Bailroad, 132 Mo. 26; Kelsay v. Bailroad, 129 Mo. 374; Hayden v. Bailroad, 124 Mo. 573. (b) The engineer had a right to assume that the deceased would straighten up so as to be' out of danger, and was not…
1Opinion of the CourtBrace, J.
This is an appeal from a judgment of the Jackson Circuit Court in favor of the plaintiff for the sum of $5,000 damages for the death of her husband, William Sharp, who on the second day of November, 1895, was struck by one of the defendant’s trains and killed; and whose death, it is alleged in the petition, was caused by the negligence of defendant’s servants, “in this, namely:
“Eirst. The agents, servants and employees of defendant, in charge of said train, negligently, carelessly and unskillfully failed to give reasonable and sufficient notice of the approach of said train by blowing the…
2Cases cited3 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Tanner v. Missouri Pacific RailroadSupreme Court of Missouri · 1901
3Cited by20 opinions
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Evans v. Wabash Railroad Co.Supreme Court of Missouri · 1903
- Cahill v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Hinzeman v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Neary v. Northern Pacific Ry. Co.Montana Supreme Court · 1908
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