Elliott v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — How. E. M. Hughes, Judge. (1) Whether or not plaintiff’s conduct, as shown by his admissions, the testimony of his own witnesses and the undisputed physical facts, was negligence is a question of law for the court.
Read the full summary
Appeal from Audrain Circuit Court. — How. E. M. Hughes, Judge. (1) Whether or not plaintiff’s conduct, as shown by his admissions, the testimony of his own witnesses and the undisputed physical facts, was negligence is a question of law for the court. Turner v. Railroad, 74 Mo. 607; Davies v. Railroad, 159 Mo. 7; Henze v. Railroad, 71 Mo. 640; Buesching v. Gaslight Co., 73 Mo. 229. (2) Plaintiff proved conclusively that if he had stopped and listened he could have heard the engine approaching. Hook v. Railroad, 162 Mo. 569. (3) It is held that one has not “looked” so as to free himself from…
1Opinion of the Court
BLAND; P. J.
Main street in the town of Farber, Audrain county, Missouri, runs north'and south. ' The tracks of the defendant railroad company run east and west through said town and cross Main street at right angles. South of the track at-the crossing of Main street, and eight and one-half feet from the main track, is a side track. A sixteen foot crossing constructed of planks was laid over these tracks to form a crossing on *527Main street. On the morning of November 11, 1902, plaintiff, a farmer living north of Farber, brought a two-horse wagon load of corn into town, drove along Main street,…
2Cases cited6 opinions
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Hook v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Huckshold v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lang v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- Weigman v. St. Louis, Iron Mountain & Southern RailwaySupreme Court of Missouri · 1909
- Connor v. Wabash RailroadMissouri Court of Appeals · 1910
- Swigart v. LuskMissouri Court of Appeals · 1917
- Moore v. Wabash RailroadMissouri Court of Appeals · 1911
4 more not listed; retrieve them via the Exa API.