Reeves v. Kansas City, St. Louis & Chicago Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) The deceased was guilty of contributory negligence, as a matter of law.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) The deceased was guilty of contributory negligence, as a matter of law. Laun v. Railroad, 216 Mo. 563; Pope v. Railroad, 242 Mo. 232; Moore v. Railroad, 176 Mo. 546; Sanguinette v. Railroad, 196 Mo. 466; Hayden v. Railroad, 124 Mo. 566; Huggart v. Railroad, 134 Mo. 673; Scbmidt v. Railroad, 191 Mo. 215; Lane v. Railroad, 132 Mo. 4; Kelsey v. Railroad, 129 Mo. 362; Walker v. Railroad, 193 Mo. 453. (2) Plaintiff cannot recover in this case upon the “last chance” or “humanitarian” theory, under the evidence and circumstances…
1Opinion of the CourtBrown, P. J.
Plaintiff sues as the administrator of Margaret Cozby to recovery statutory damages resulting from the death. It is alleged that Mrs. Cozby was killed, in the city of Oak Grove, Jackson county, Missouri, on December 23, 1905, by a lessee of defendant, while said lessee was negligently operating a railroad train over defendant’s road through said city.
Plaintiff alleges in his petition that defendant’s lessee negligently caused the death of Mrs. Cozby by (1) running its train in excess of twelve miles per hour, as prohibited by an ordinance of said city of Oak Grove; (2) by running its train…
2Cases cited8 opinions
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
- Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Laun v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Strauchon v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- McGowan v. WellsSupreme Court of Missouri · 1930
- Fidelity & Deposit Co. of Md. v. AbagnaleNew Jersey Superior Court Appellate Division · 1967
- Rentfrow v. ThompsonSupreme Court of Missouri · 1941
- Sullivan v. Gideon & North Island RailroadSupreme Court of Missouri · 1925
9 more not listed; retrieve them via the Exa API.