Hawkins v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) The deceased in this case was on the north side of the railroad track, going west, and the train which struck her was coming east, and the court erred in refusing to give the peremptory instruction at the close of all the evidence in the case as prayed for by the defendant. Kries v. Railroad, 161 Mo. 379; Skipton v. Railroad, 82 Mo. App. 134; White v. Railroad, 84 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) The deceased in this case was on the north side of the railroad track, going west, and the train which struck her was coming east, and the court erred in refusing to give the peremptory instruction at the close of all the evidence in the case as prayed for by the defendant. Kries v. Railroad, 161 Mo. 379; Skipton v. Railroad, 82 Mo. App. 134; White v. Railroad, 84 Mo. App. 411; Yogg v. Railroad, 138 Mo. 172; Jackson v. Railroad, 157 Mo. 629; Culbertson v. Railroad, 140 Mo. 35; gchmitt v. Railroad, 160 Mo. 43; Lennon v.…
1Opinion of the CourtGoode, J.
(after stating the facts). — According to the statements of all the eye-witnesses of the accident, the deceased walked point-blank into the locomotive, and the only discrepancy among their statements relates to the distance she was from the train when she was first seen on the track. One witness placed her as far away as one hundred and fifty feet when he first observed her and said she continued to walk, looking down, until she encountered the locomotive. As the track was used for foot travel, the engineer was bound to anticipate the presence of persons on it, and use ordinary care to see…
2Cases cited14 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Bogan v. Carolina Central RailroadSupreme Court of North Carolina · 1901
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3Cited by5 opinions
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
- Henry v. Disbrow Mining Co.Missouri Court of Appeals · 1910
- Chappell v. United Railways Co.Missouri Court of Appeals · 1913
- Stiller v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911
- Stockton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914