Mayes v. St. Louis, Keokuk & Northwestern Railroad
Missouri Court of Appeals
Appeal from the Louisiana Court of Common Pleas.— Hon. Reuben P. Roy,. Judge. Proof that the accident occurred within the town of Clarksville was not sufficient to warrant the jury in finding that it occurred in the township of Calumet as alleged in the statement. Blachenstoe v. B. B., 86 Mo. 492, and citations; Whitesides v. B’y, 49 Mo.
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Appeal from the Louisiana Court of Common Pleas.— Hon. Reuben P. Roy,. Judge. Proof that the accident occurred within the town of Clarksville was not sufficient to warrant the jury in finding that it occurred in the township of Calumet as alleged in the statement. Blachenstoe v. B. B., 86 Mo. 492, and citations; Whitesides v. B’y, 49 Mo. App. 250. Before attempting to drive across a railroad track, one must look and listen for approaching trains; and, if necessary, because of noise of the vehicle, or other reason, must stop for that purpose. Henze v. B. B., 71 Mo. 636; Smith v. B’y, 52 Mo.…
1Opinion of the CourtBiggs, J.
This case originated before a justice of the peace in Calumet township in Pike county. It appears from the record that the plaintiff sued the defendant for negligently killing his horse and demolishing a delivery wagon, at á public crossing in the city of Clarksville. The plaintiff recovered before the justice and also in the appellate court. At the close of the trial in the latter court the defendant demurred to plaintiff’s evidence. The demurrer was overruled and the defendant excepted. The defendant introduced no evidence. The finding and judgment were for the plaintiff, and the defendant…
2Cases cited2 opinions
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Porter v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1896
3Cited by2 opinions
- Elzey v. StateMississippi Supreme Court · 1915
- Byars v. Wabash RailroadMissouri Court of Appeals · 1911