Legal Opinion

McGee v. Wabash Railroad

Supreme Court of Missouri

Decided November 25, 1908PublishedCited by 58 opinions

Appeal from Daviess Circuit ■ Court. — flow. J. W. Alexander, Judge. (1) The evidence was abundant to establish defendant’s failure to comply with the provisions of section 1102, Revised Statutes 1899. This made a primafacie case against defendant requiring the submission thereof to the jury even if deceased had been an adult instead of a thirteen-year-old child.

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Appeal from Daviess Circuit ■ Court. — flow. J. W. Alexander, Judge. (1) The evidence was abundant to establish defendant’s failure to comply with the provisions of section 1102, Revised Statutes 1899. This made a primafacie case against defendant requiring the submission thereof to the jury even if deceased had been an adult instead of a thirteen-year-old child. Huckshold v. Railroad, 90 Mo. 548; Crumpley v. Railroad, 111 Mo. 152; Lane v. Railroad, 132 Mo. 4; Atterbury v. Railroad, 110 Mo. App. 608; Green v. Railroad, 192 Mo. 131; Smith v.. Railroad, 19 Mo. App-. 120; McNulty v. Railroad,…

1Opinion of the CourtLamm, J.

Plaintiffs, the parents of Oscar McGee, a minor killed by one of defendant’s passenger engines at a railroad crossing, known as Long’s crossing, in Daviess county, grounding a cause of action on the negligence of defendant’s train servants, sue to recover the statutory penalty of $5,000.

At the close of plaintiffs’ case in chief, the trial court gave defendant an instruction in the nature of a demurrer to the evidence. Thereat, they took a vol*537untary nonsuit with leave. Failing to get it set aside on motion, they appeal.

The petition counts on the following specifications of negligence, viz.:…

2Cases cited4 opinions

  1. Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
  2. Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
  3. Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
  4. McNulty v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1907

3Cited by58 opinions

  1. State Ex Rel. Fleming v. BlandSupreme Court of Missouri · 1929
  2. Maginnis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1916
  3. Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
  4. Gann v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1928
  5. Keele v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1914

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