Palmer v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The demurrer to the evidence should have been sustained, (a) If it should be conceded that plaintiff sustained the burden of proof to the effect that the statutory crossing signals were not given as the train in question approached the crossing in question, still plaintiff would not be entitled to recover if it appears that he could have either seen or heard the train by carefully looking and listening as…
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The demurrer to the evidence should have been sustained, (a) If it should be conceded that plaintiff sustained the burden of proof to the effect that the statutory crossing signals were not given as the train in question approached the crossing in question, still plaintiff would not be entitled to recover if it appears that he could have either seen or heard the train by carefully looking and listening as he approached and went over the crossing. Stepp v. Railroad, 85 Mo. 235; Moberly v. Railroad, 17 Mo. App. 543; Donnell…
1Opinion of the CourtGoode, J.
Plaintiff is a negro boy who sues by his next friend for a personal injury received in a collision of a locomotive .of the defendant company with a buggy in which plaintiff was driving. The accident happened on the night of September 9, 1905, after mid*640night, and at a crossing which is near but east of the abandoned station of Larrabee. This plaintiff Avorked on a farm five or six miles northeast of Larrabee. One Saturday evening he and another negro boy drove from the farm where plaintiff lived to the town of Sturgeon, seven or eight miles southwest of Larrabee and about tAvelve miles…
2Cases cited11 opinions
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
- Columbus, Chicago, & Indiana Central Railway Co. v. PowellIndiana Supreme Court · 1872
- Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Chicago, Rock Island & Pacific Railroad v. MoffittIllinois Supreme Court · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dairy Co-Operative Ass'n v. Brandes CreameryOregon Supreme Court · 1934