Atterberry v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from Macon Circuit Court . — Eon. N. M. Shelton, Judge. Buster v. Railway, 18 Mo. App. 578. (1) They (servants of the railroads) are expected to have their eyes open, and in the vicinity of road crossings, situated as these were, it is their duty to look out and see if stock are on or about the same.' Spencer v. Railroad, 90 Mo.
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Appeal from Macon Circuit Court . — Eon. N. M. Shelton, Judge. Buster v. Railway, 18 Mo. App. 578. (1) They (servants of the railroads) are expected to have their eyes open, and in the vicinity of road crossings, situated as these were, it is their duty to look out and see if stock are on or about the same.' Spencer v. Railroad, 90 Mo. App. 91. (2) The fact that the cow left the crossing and was killed some distance therefrom '-will make no difference: ‘ Hill v. Railroad, 49 Mo. App. 520; Hill v. Railroad, 121 Mo. 477; Harlan v. Railroad, 65 Mo. 22; Beall v. Railway, 97 Mo. App. Ill; Carr v.…
1Opinion
ON REHEARING.
ELLISON, J.
— A rehearing was granted in this case and we are satisfied that under the later rulings of the Supreme and appellate courts of the State the plaintiff is entitled to have his cause submitted for a verdict on the facts as they may be believed to be. The law is that although the injury is inflicted at a public crossing the defendant is liable, either where its servants saw the cattle upon or approaching the crossing in time to have safely stopped the train, or where, in the use of due care and outlook, they might have seen them in time. [Hill v. Railroad, 49 Mo. App.…
2Cases cited8 opinions
- Crumpley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1892
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Hill v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Hoffman v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Lloyd v. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1895
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