Green v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court, — Eon, David E. Blair, Judge. (1) The undisputed evidence showed that the horse came upon the track at a point where a cattle-guard and fence could not have been maintained with safety to the. trainmen in the discharge of their duties, and the demurrer should have been sustained. Edie v. Railroad, 133 Mo. App. 9; Gilpin v. Railroad, 77 S. W. 118, 197 Mo. 319; Bridges v. Railroad, 132 Mo. App. 576; Hurd v. Chappel, 91 Mo.
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Appeal from Jasper Circuit Court, — Eon, David E. Blair, Judge. (1) The undisputed evidence showed that the horse came upon the track at a point where a cattle-guard and fence could not have been maintained with safety to the. trainmen in the discharge of their duties, and the demurrer should have been sustained. Edie v. Railroad, 133 Mo. App. 9; Gilpin v. Railroad, 77 S. W. 118, 197 Mo. 319; Bridges v. Railroad, 132 Mo. App. 576; Hurd v. Chappel, 91 Mo. App. 317; Grant v. Railroad, 56 Mo. App. 65; Pearson v. Railroad, 33 Mo. App. 543; Jennings v. Railroad, 37 Mb. App. 651; Webster v.…
1Opinion of the CourtNixon, P. J.
(after stating the facts as above).— As will be seen from the foregoing statement, the point where the respondent’s horse came upon the appellant’s railroad tracks and was killed is about one thousand feet northeast of the depot and about five hundred feet in the same direction from the switch-block or apex of the switch. The horse was killed within the switch limits — that is, between the apex of the switch and the cattle-guard, about fifty or one hundred feet southwest of the cattle-guard. There were long passing and storage tracks in a southwesterly direction from the depot commencing some…
2Cases cited23 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Indiana, Bloomington & Western Railway Co. v. HaleIndiana Supreme Court · 1884
- Chicago & Eastern Illinois Railroad v. ModesittIndiana Supreme Court · 1890
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3Cited by5 opinions
- Schoonover v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1921
- Parks Ex Rel. Parks v. MarshallSupreme Court of Missouri · 1929
- Hay v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Roberts v. Salt Lake & O. Ry. Co.Utah Supreme Court · 1918
- St. Louis Southwestern Ry. Co. v. BuiceCourt of Appeals of Texas · 1924