Weller v. Chicago, Milwaukee & St. Paul Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. P. Oates, \ Judge. (1) The demurrer to evidence should have been sustained, and defendant’s instruction 1 should have been given, because the deceased was guilty of contributory negligence, (a) It was the duty of deceased to look and listen, and if there were any difficulties in the way of seeing or hearing he should have stopped, and if, by complying with such duty, he could have discovered the approach of the train, then he was…
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Appeal from Jackson Circuit Court. — Hon. E. P. Oates, \ Judge. (1) The demurrer to evidence should have been sustained, and defendant’s instruction 1 should have been given, because the deceased was guilty of contributory negligence, (a) It was the duty of deceased to look and listen, and if there were any difficulties in the way of seeing or hearing he should have stopped, and if, by complying with such duty, he could have discovered the approach of the train, then he was guilty of negligence contributing to his injury. Beach, Cont. Neg. (2 Ed.), sec. 180; Harlan v. Railroad, 64 Mo. 480;…
1Opinion of the CourtBurgess, C. J.
— This is an action by plaintiff, who is the widow of William P. Weller, deceased, 'to recover damages on account of the death of her said husband, caused, as is alleged, by the negligence of defendant.
The accident occurred after sunset on the evening of the twelfth of December, 1887, at a point in Kansas City, Missouri, where the Kansas City Belt Railroad (over which defendant’s road is operated) crosses Eifteenth street in that city.
There have been two trials in this case, each resulting in a verdict for plaintiff for $5,000. An appeal from the first judgment to this court was prosecuted by…
2Cases cited16 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- City of Tarkio v. CookSupreme Court of Missouri · 1894
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
11 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
- State Ex Rel. Alton Railroad Co. v. ShainSupreme Court of Missouri · 1940
- Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
29 more not listed; retrieve them via the Exa API.