Legal Opinion

Montgomery v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided May 10, 1904PublishedCited by 38 opinions

Appeal from Cass Circuit Court. — How. W. W. Graves¿ Special Judge. (1) The court below committed reversible error in refusing defendant’s instruction “C.” The law is now thoroughly settled in this State to the effect that said instruction is eminently proper and should be given.

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Appeal from Cass Circuit Court. — How. W. W. Graves¿ Special Judge. (1) The court below committed reversible error in refusing defendant’s instruction “C.” The law is now thoroughly settled in this State to the effect that said instruction is eminently proper and should be given. Feary v. Railroad, 162 Mo. 105; Pratt v. Conway, 148 Mo. 299; Davies v. Railroad, 159 Mo. 6; Payne v. Railroad, 30 S. W. 150; State v. Bryant, 102 Mo. 32; State v. Turlington, 102 Mo. 663; State v. Brooks, 99 Mo. 137; Bogie v. Nolan, 96 Mo. 91; State v. Peak, 85 Mo. 192; State v. Talbott, 73 Mo. 350; State v. Curtis,…

1Opinion of the CourtGantt, P. J.

From a judgment in favor of the plaintiff in the circuit court of Cass county, the defendant appeals. The action is for damages based on the alleged negligent backing of a freight train across Wyoming street in the city of Pleasant Hill, Cass county, Missouri, in the nighttime, without having a watchman at said crossing to warn travellers of the.approach of said train, and without having a brakeman on the rear end of said train to notify plaintiff of the backing of the train over the crossing, and without having a light on the rear of said train to signal its backing. The answer was a general…

2Cases cited13 opinions

  1. Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
  2. Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
  3. Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
  4. Pennsylvania Co. v. StegemeierIndiana Supreme Court · 1889
  5. Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901

8 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Crawford v. Southern Pacific Co.California Supreme Court · 1935
  2. Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
  3. Gregg v. Western Pacific RailroadCalifornia Supreme Court · 1924
  4. Tanzi v. New York Central R. Co.Ohio Supreme Court · 1951
  5. Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904

33 more not listed; retrieve them via the Exa API.

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