Shaw v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. Gf. McG-regor, Judge. (1) The trial court erred in sustaining defendant’s demurrer to plaintiffs’ evidence. When the persons in charge of a railroad train see persons on the track in front of the train in an exposed and dangerous condition, it is their duty to immediately use all efforts within their power, consistent with the safety of the persons and property on the train, to stop or check the speed of the train.
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Appeal from Jasper Circuit Court. — Hon. M. Gf. McG-regor, Judge. (1) The trial court erred in sustaining defendant’s demurrer to plaintiffs’ evidence. When the persons in charge of a railroad train see persons on the track in front of the train in an exposed and dangerous condition, it is their duty to immediately use all efforts within their power, consistent with the safety of the persons and property on the train, to stop or check the speed of the train. Donahoe v. Railroad, 83 Mo. 543. (2) “A demurrer to the evidence admits the truth of the facts in evidence and all reasonable inferences…
1Opinion of the CourtBrace, J.
— This is an action for damages brought under section 2121, Revised Statutes, 1879, by plaintiffs, who are husband and wife, for the alleged negligent killing of their minor son.
The material allegations of the first paragraph of the petition on which alone any evidence was offered are as follows : “ That on said first day of May, 1887, the defendant, by its agents, servants and employes, while running and operating a locomotive and train of cars over its said road, in said county, did so carelessly, negligently, recklessly, heedlessly and unskilfully run, manage and conduct its said…
2Cases cited5 opinions
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Mack v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Pope v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Donaldson v. County of ButlerSupreme Court of Missouri · 1889
3Cited by12 opinions
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Sanders v. Southern Electric Railway Co.Supreme Court of Missouri · 1898
- Nicol v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1912
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