Honeycutt v. Missouri Pacific Railroad

I concur in the result reached in the principal opinion but would be more specific with reference to a retrial.

At the outset, I agree that the evidence did not establish that plaintiff1 was guilty of contributory negligence as a matter of law and that this issue properly was submitted to the jury for its determination.

I do not consider that any Missouri case up to now has ruled on the question of whether conduct of a railroad in permitting weeds and brush to grow on its right of way can constitute negligence which will sustain a verdict against the railroad in favor of one injured at the…