Crow v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Chariton Circuit Court, Hon. C. Hamaiond, Special Judge. The case and fact are stated in the opinion. IJ. The trial court should have directed a finding lor the defendant, even on testimony of plaintiff’s own witness. Maher n. Railroad, 64 Mo, 267; Zimmerman v. Railroad, 71 Mo. 476 ; YarnaTl v. Railroad, 75 Mo. 575 : Rowell v. Railroad, 76 Mo. 80 ; Riñe v. Railroad,. 88 Mo. 395; O’ Donnell v. Railroad, 7 Mo. App. 190; 1 Thump. Neg. 450. II.
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Appeal from Chariton Circuit Court, Hon. C. Hamaiond, Special Judge. The case and fact are stated in the opinion. IJ. The trial court should have directed a finding lor the defendant, even on testimony of plaintiff’s own witness. Maher n. Railroad, 64 Mo, 267; Zimmerman v. Railroad, 71 Mo. 476 ; YarnaTl v. Railroad, 75 Mo. 575 : Rowell v. Railroad, 76 Mo. 80 ; Riñe v. Railroad,. 88 Mo. 395; O’ Donnell v. Railroad, 7 Mo. App. 190; 1 Thump. Neg. 450. II. The instructions given for the plaintiff were inapplicable to this case, and incorrectly declared the law. III. Defendant’s instructions were…
1Opinion of the CourtPhilips, P. J.
This is an action to recover damages from the defendant, a railroad corporation, for personal injuries consequent upon plaintiff being struck by one-of defendant ’ s locomotives. The accident occurred in the city of Chillicothe, Livingston county, on the fourth day of August, 1882. The railroad runs east and west through said city. The depot is on the south side of the track. Approaching the depot from the west the defendant road runs, for several hundred yards, parallel with the Hannibal and St. Joseph Railroad, only fifteen or more feet apart. On the day of the accident the plaintiff had…
2Cases cited1 opinion
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
3Cited by1 opinion
- White v. Sligo & Eastern RailroadMissouri Court of Appeals · 1914