Camp v. Wabash Railroad
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) This is a common-law action, and, hence, should not have been tried, as it was, upon the theory that there had been a technical violation of the statute. Nall v. Bailroad, 97 Mo. 68. (2) The demurrer to the evidence should have been sustained.
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Appeal from Montgomery Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) This is a common-law action, and, hence, should not have been tried, as it was, upon the theory that there had been a technical violation of the statute. Nall v. Bailroad, 97 Mo. 68. (2) The demurrer to the evidence should have been sustained. Tarnell v. Bailroad, 113 Mo. 580; Moss v. Bailroad, 86 Mo. 89; Henry v. Bailroad, 76 Mo. 293; Hanlon v. Bailroad, 104 Mo. 387; Cohn v. City of Kansas, 108 Mq. 393; Bay v. Poplar Bluffs, 70 Mo. App. 261. (3) The court gave improper instructions at the plaintiff’s request. Obert v.…
1Opinion of the CourtBarclay, J.
This is an action to recover damages for personal injuries sustained by plaintiff, while passing along a.public highway on defendant’s right of way adjacent to a crossing of the highway over defendant’s railway track in Montgomery county, Missouri, near the town of High Hill. The complaint of plaintiff is that the public road there was in a dangerous condition, because of defendant’s -negligence in the work of raising the grade of the road on the right of way to conform to defendant’s elevation of the grade of its track at that place to a level about a foot higher than the former grade.
At the…
2Cases cited12 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- State v. TaylorSupreme Court of Missouri · 1893
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
- Haysler v. OwenSupreme Court of Missouri · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
- Southwest Cotton Co. v. RyanArizona Supreme Court · 1921
- Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Patterson v. ThompsonMissouri Court of Appeals · 1955
- Doll v. Purple ShoppeMissouri Court of Appeals · 1936
3 more not listed; retrieve them via the Exa API.