Legal Opinion

Baker v. Kansas City, Fort Scott & Memphis Railroad

Supreme Court of Missouri

Decided June 4, 1894PublishedCited by 46 opinions

Appeal from Bates Circuit Court. — Hon. D. A. DeAbmond, Judge. (1) Mrs. Baker was guilty of negligence contributing to, if not causing, her injuries, and, therefore, was not entitled to recover for them. Beach on Contributory Negligence, sec. 63; Patterson’s R’y Accident Law, p. 168, et seq_.; Boyd v. Railroad, 105 Mo. 371; Harlan v. Railroad, 64 Mo. 480; Turner v. Railroad, 74Mo. 607; Kelley v. Railroad, 75 Mo. 138; Tucker v. Railroad, 23 N. E. Rep.

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Appeal from Bates Circuit Court. — Hon. D. A. DeAbmond, Judge. (1) Mrs. Baker was guilty of negligence contributing to, if not causing, her injuries, and, therefore, was not entitled to recover for them. Beach on Contributory Negligence, sec. 63; Patterson’s R’y Accident Law, p. 168, et seq_.; Boyd v. Railroad, 105 Mo. 371; Harlan v. Railroad, 64 Mo. 480; Turner v. Railroad, 74Mo. 607; Kelley v. Railroad, 75 Mo. 138; Tucker v. Railroad, 23 N. E. Rep. (N. Y.) 916; Stepp v. Railroad, 85 Mo. 235; Shaw v. Railroad, 104 Mo. 648; Hunter v. Railroad, 23 N. E. Rep. (N. Y.) 9; ArUv. Railroad, 34 Iowa,…

1Opinion of the Court

*540DIVISION ONE.

Black, C. J.

This was an action to recover damages for personal injuries sustained by the plaintiff,' while she was attempting to pass over the defendant’s railroad tracks with a two horse team and farm wagon, at a point where the tracks cross a highway near the southern limits of the town of Rich Hill.

It is earnestly insisted that there is no evidence of negligence on the part of the defendant; that the plaintiff was guilty of contributory negligence, and that the trial court should have ruled both of these questions for the defendant as a matter of law.

The record discloses the…

Also in this document: Concurrence.

2Cases cited74 opinions

  1. Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
  2. Deery v. CraySupreme Court of the United States · 1867
  3. Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
  4. Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
  5. Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880

69 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
  2. Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
  3. Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
  4. Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
  5. Manthey v. Kellerman Contracting Co.Supreme Court of Missouri · 1925

41 more not listed; retrieve them via the Exa API.

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