Barker v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Buchanan Circuit Court. — Hon. Vinton Pike, Special Judge. (1) Barker was a trespasser on the defendant’s track. R: S. 1879, sec. 809. The company does not owe the duty to trespassers, to watch out for them, and protect them while they are trespassing on its enclosed track, at a point in the country not frequented by the public, and remote from highway crossings. McAllister v. By. Go., 64 la. 395 ; Mas ser v. By. Go., 68 la. 602 ; Scheffler v. By.
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Appeal from, Buchanan Circuit Court. — Hon. Vinton Pike, Special Judge. (1) Barker was a trespasser on the defendant’s track. R: S. 1879, sec. 809. The company does not owe the duty to trespassers, to watch out for them, and protect them while they are trespassing on its enclosed track, at a point in the country not frequented by the public, and remote from highway crossings. McAllister v. By. Go., 64 la. 395 ; Mas ser v. By. Go., 68 la. 602 ; Scheffler v. By. Go., 32 Minn. 518 ; Tonawanda Go. v. Manger, 5 Denio, 266-7; Gomley v. By. Go., 12 Atlantic Rep. 496. (2) The rule of law is that…
1Opinion of the CourtBlack, J.
— This is a suit by the widow of E. B. Barker to recover the statutory penalty of five thousand dollars for the death of her husband who was run over and killed by a train of the defendant’s cars. The defendant offered no evidence, and the question is, whether the defendant’s instruction in the nature of a demurrer to the plaintiff’s evidence should have been given.
The evidence offered by the plaintiff discloses these facts: Barker resided in a house close to the defendant’s track. There is a public road thirty-five feet south of his house ; the south side of this road is separated from the…
2Cases cited5 opinions
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Maloy v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Comly v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1888
- Dickson v. KempinskySupreme Court of Missouri · 1888
3Cited by28 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
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