Carrier v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. Samuel Davis, Special Judge. (1) As the petition fails to charge defendant with wanton, willful or reckless negligence, and as there is not a syllable of evidence sustaining such charge, plaintiff is not entitled to recover.
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Appeal from Johnson Circuit Court. — Hon. Samuel Davis, Special Judge. (1) As the petition fails to charge defendant with wanton, willful or reckless negligence, and as there is not a syllable of evidence sustaining such charge, plaintiff is not entitled to recover. Davies v. Railroad, 159 Mo. 8; Holwerson v. Railroad, 157 Mo. 242. (2) Deceased was a trespasser upon defendant’s track, which contained cattle guards and a Warning sign, and which was fenced on each side with a wire fence. He was not a,t a crossing, and was making a footpath of the right of way, within a few feet of the public…
1Opinion of the Court
BUEGESS, J. J.
— This is an action by plaintiff, the widow of T. E. Carrier, deceased, to recover from defendant five thousand dollars damages for negligently and carelessly killing her husband on the 15th day of January, 1899.
The petition alleges that on said date defendant was operating a line of railway through the city of Warrensburg, county of Johnson, and that on said 15th day of January, 1899, and for a long time prior thereto defendant’s railway and track in said city and extending *474for a long distance west thereof was and had been used by persons and the public as a traveled way; that…
2Cases cited16 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Wetmore v. CrouchSupreme Court of Missouri · 1905
- Neil v. Idaho & Washington Northern RailroadIdaho Supreme Court · 1912
- Henson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1923
- Butler v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1911
8 more not listed; retrieve them via the Exa API.