Moberly v. Kansas City, St. Joseph & Council Bluffs Railway Co.
Missouri Court of Appeals
Appeal from Buchanan. Circuit Court, Hon. B. J. Costeel, Special Judge. Statement of case by the court. This is an action to recover damages for injuries done by a collision with the defendant’strain of cars at a public road crossing.
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Appeal from Buchanan. Circuit Court, Hon. B. J. Costeel, Special Judge. Statement of case by the court. This is an action to recover damages for injuries done by a collision with the defendant’strain of cars at a public road crossing. The petition charged, substantially, that the defendant is a railroad corporation under the laws of this state, and as such was operating its road through the county of Buchanan, that on the 8th day of December, 1880, while the plaintiff was driving a two horse team, attached to a wagon, across defendant’s road at a public road crossing, defendant negligently…
1Opinion of the Court
Opinion by
Philips, P. J.
I. We will consider this case in the order of the principal and real grounds upon which the recovery was finally based. First, as to the sufficiency of the crossing. In addition to the common law obligation resting upon the railroad companies to make reasonably safe crossings where they intersect a public highway, our statute *535(section 807) provides that: “Every such corporation shall construct and maintain good and sufficient crossings, where its railroad crosses public roads, or town streets, now or hereafter opened for public use, which crossing shall be constructed…
Also in this document: Concurrence.
2Cases cited21 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Goetz v. AmbsSupreme Court of Missouri · 1858
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Clark v. St. L. & S. F. R. Co.Supreme Court of Oklahoma · 1909
- Van Bibber v. Swift & Co.Supreme Court of Missouri · 1921
- Bullock v. Yakima Valley Transportation Co.Washington Supreme Court · 1919
- Willis v. StevensMissouri Court of Appeals · 1887
13 more not listed; retrieve them via the Exa API.