Laun v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. — Eon. R. 8. Ryors, Judge. (1) That it is such negligence for one to attempt to cross or go upon a railway track at a public crossing, or elsewhere, without looking and listening for an approaching train, as precludes a recovery for an injury sustained by him from a passing train or locomotive, whether the company’s negligence also contributed directly to produce the injury-or not, has so often been decided by this court that it is now…
Read the full summary
Appeal from Gasconade Circuit Court. — Eon. R. 8. Ryors, Judge. (1) That it is such negligence for one to attempt to cross or go upon a railway track at a public crossing, or elsewhere, without looking and listening for an approaching train, as precludes a recovery for an injury sustained by him from a passing train or locomotive, whether the company’s negligence also contributed directly to produce the injury-or not, has so often been decided by this court that it is now regarded as the settled law of this State. Kelly v. Railroad, 75 Mo. 140; Huggard v. Railroad, 134 Mo. 679; Hayden v.…
1Opinion of the CourtGraves, J.
Plaintiff, the widow of George Lann, deceased, brings action for the alleged wrongful killing of her husband by one of defendant’s' trains as it passed through the city of St. Janies in Phelps county, Missouri, June 14, 1904.
The negligence charged is (1) running in excess of the ordinance speed, i. e., six miles per hour, (2) failure to ring the bell upon the approach of the street crossing where the accident occurred, and (3) carelessly and negligently running said train upon and against the deceased, after the employees knew or by the exercise of ordinary care might have known the perilous…
2Cases cited7 opinions
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Keele v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1914
- Iman v. Walter Freund Bread Co.Supreme Court of Missouri · 1933
- Whiffin v. Union Pacific RailroadIdaho Supreme Court · 1939
- Dey v. United Railways Co.Missouri Court of Appeals · 1909
25 more not listed; retrieve them via the Exa API.