Feldman v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Hon. E. M. Dearing, Judge.. (1) In voluntarily going upon the track and walking at a place where it was impossible for the engineer to see him until the train was so close upon him that it could not be stopped in time to avoid the injury, deced-i ent was guilty of negligence that contributed to his death, and appellant’s peremptory instructions should have been given on this ground.
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Appeal from Jefferson Circuit Court. — Hon. E. M. Dearing, Judge.. (1) In voluntarily going upon the track and walking at a place where it was impossible for the engineer to see him until the train was so close upon him that it could not be stopped in time to avoid the injury, deced-i ent was guilty of negligence that contributed to his death, and appellant’s peremptory instructions should have been given on this ground. Zumalt v. Railroad, 175 Mo. 311; Ayers v. Railroad, 190 Mo. 2-28; Porter v. Railroad, 199 Mo. 82; Carrier v. Railroad, 175 Mo. 470; Trigg v. Transit Co., 215 Mo. 521; Hafner…
1Opinion of the CourtNortoni, J.
This is a suit under the wrongful death statute for damages accrued to plaintiff through the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
It appears that, while walking on defendant’s railroad track, plaintiff’s husband, Aber Feldman, was run upon and killed by its locomotive engine and train of cars. A recovery was allowed for plaintiff, though her husband was himself negligent, for the failure of defendant to warn him by sounding the whistle and ringing the bell, as if the ability to stop the train and avert the injury was wholly immaterial to her…
2Cases cited7 opinions
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
- Markowitz v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Hinzeman v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Reyburn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wharton v. DenbyMissouri Court of Appeals · 1927