Mann v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. S. A, Richardson, Judge. This was'an action to recover damages for injuries •sustained by plaintiff ’ s wagon by reason of a collision with one of defendant’s trains at a private crossing located on the land of another.
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Appeal from Daviess Circuit Court. — Hon. S. A, Richardson, Judge. This was'an action to recover damages for injuries •sustained by plaintiff ’ s wagon by reason of a collision with one of defendant’s trains at a private crossing located on the land of another. It was averred in the petition that prior to the eighteenth day of September, 1877, the defendant ‘ ‘ undertook and agreed to construct .and maintain a crossing for the use of the public as a highway” at the point in question; that in constructing-said crossing it became necessary to construct a small bridge to span a ditch which ran…
1Per curiam
— In our opinion plaintiff has no right of action or standing in court. The defendant owed no duty to him even if the crossing were defective or out of repair. In addition to that, the defect, if any, does not appear to have been brought to the notice of the company, or that the defect had existed for a sufficient time ■from which to presume notice to the defendant.
If the party, for whose benefit the crossing was built had, in like circumstances been injured, a different question would) perhaps, be presented, not necessary now to foe considered. Judgment reversed.
2Cited by8 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- O'Brien v. American Bridge Co.Supreme Court of Minnesota · 1910
- Hanson v. Blackwell Motor CompanyWashington Supreme Court · 1927
- Ninneman v. FoxWashington Supreme Court · 1906
- Baltimore & Ohio S. W. Ry. Co. v. KeckAppellate Court of Illinois · 1899
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