Sinclair v. Chicago, Burlington & Kansas City Railway Co.
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) Evidence of the custom of persons to walk on the track where deceased was struck, is incompetent. Yarnallv. Railroad, 75 Mo. 575; Barney v. Railroad, 126 Mo. 388; Gurley v. Railroad, 104 Mo. 211; Masser v. Railroad, 27 N. W. Rep. (Iowa) 776; Thomas v. Railroad, 61 N-. W. Rep. (Iowa) 968; Eyde v. Railroad, 110 Mo. 272. (2) Sinclair was a trespasser and appellant was not bound to look out for him.
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Appeal from Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) Evidence of the custom of persons to walk on the track where deceased was struck, is incompetent. Yarnallv. Railroad, 75 Mo. 575; Barney v. Railroad, 126 Mo. 388; Gurley v. Railroad, 104 Mo. 211; Masser v. Railroad, 27 N. W. Rep. (Iowa) 776; Thomas v. Railroad, 61 N-. W. Rep. (Iowa) 968; Eyde v. Railroad, 110 Mo. 272. (2) Sinclair was a trespasser and appellant was not bound to look out for him. Maher v. Railroad, 64 Mo. 267; Yarnall v. Railroad, supra; Williams v. Railroad, 96 Mo. 275; Shaw v. Railroad, 104 Mo. 648; Boyd v.…
1Opinion of the CourtMacfarlane, J.
This is an action by the widow of John B. Sinclair to recover the statutory damages of $5,000 for the death of her husband by the alleged negligence of the defendant in the operation of one of its trains. The negligence charged in the petition is that defendant’s engineer, “after seeing the dangerous position in which plaintiff’s deceased husband was situated, and seeing the imminent peril, and that the deceased was unaware of the near and dangerous approach of said train, negligently failed to sound the usual and ordinary danger signal' in time to avert the injury complained of, and * * *…
2Cases cited3 opinions
- Reardon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1889
- Hyde v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
3Cited by12 opinions
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Dutcher v. Wabash RailroadSupreme Court of Missouri · 1912
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Rapp v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Scullin v. Wabash RailroadSupreme Court of Missouri · 1904
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