Tanner v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Scott County Circuit Court. — Now. FrafiJk Kelly, Judge. (1) The trial court should have held under the evidence that even though those in charge of appellants’ train were guilty of some negligence as set out in plaintiff’s petition, yet that Samuel Tanner, deceased, was guilty of such contributory negligence as to bar any right of recovery on the part of respondent.
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Appeal from Scott County Circuit Court. — Now. FrafiJk Kelly, Judge. (1) The trial court should have held under the evidence that even though those in charge of appellants’ train were guilty of some negligence as set out in plaintiff’s petition, yet that Samuel Tanner, deceased, was guilty of such contributory negligence as to bar any right of recovery on the part of respondent. Laun v. Railroad, 216 Mo. 563; Stotler v. Railroad, 204 Mo. 619; Kelsay v. Railroad, 129 Mo. 36.2; Hook v. Railroad, 162 Mo. 569; Huggart v. Railroad, 134 Mo. 673; Kreis v. Railroad, 148 Mo. 321; Railroad v. Railroad,…
1Opinion of the CourtRobertson, P. J.
— This is an action by the widow of Samuel Tanner to recover damages for his death resulting from injuries which he received at a street crossing in Poplar Bluff in October, 1912. The jury returned a verdict for $3500 upon which judgment was entered and defendant has appealed. The passenger train which caused Tanner’s death was northbound and about thirty minutes late. Deceased, seventy-two years of age, about 3:3Q in the morning, was driving a team hitched to his wagon on the road leading to this crossing from the south and just before passing onto defendant’s track the wagon road leads to…
Also in this document: Concurrence.
2Cases cited6 opinions
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
- State ex rel. West v. DiemerSupreme Court of Missouri · 1914
- Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
- Powers v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Weigman v. St. Louis, Iron Mountain & Southern RailwaySupreme Court of Missouri · 1909
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