Powell v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court . — Eon. Daniel D. Fisher, Judge. (1) The plaintiff’s deceased husband was guilty of such contributory negligence that as a matter of law the court should have instructed the jury to find for the defendant. The evidence shows that the deceased was walking along the railroad tracks without looking or listening for the. approach of the train thereon, and failed to heed the warning repeatedly given him by the operatives of the train.
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Appeal from St. Louis City Circuit Court . — Eon. Daniel D. Fisher, Judge. (1) The plaintiff’s deceased husband was guilty of such contributory negligence that as a matter of law the court should have instructed the jury to find for the defendant. The evidence shows that the deceased was walking along the railroad tracks without looking or listening for the. approach of the train thereon, and failed to heed the warning repeatedly given him by the operatives of the train. Brocksmith v. Railroad, 205 Mo. 444; Statler v. Railroad, 204 Mo. 636; Schmidt v. Railroad, 191 Mo. 228; Porter v.…
1Opinion of the CourtFox, C. J.
— This cause is pending in this court upon appeal by the defendant railroad company from a judgment of the circuit court of the city of St. Louis *252in favor of the plaintiff in the sum of five thousand dollars.
This is an action to recover damages for the death of plaintiff’s husband, W. B. Powell, which occurred at Pacific, Missouri, on July 23,1905, as a result of being struck by a passenger train operated by the defendant. At the time of the death of plaintiff’s husband he resided with his wife in the city of St. Louis. Pacific is situated 36 miles southeast of St. Louis, and both the…
2Cases cited7 opinions
- Davis v. VoriesSupreme Court of Missouri · 1897
- Evans v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1882
- Manheimer v. HarringtonMissouri Court of Appeals · 1886
- Holt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
- Dodge v. KnappMissouri Court of Appeals · 1905
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3Cited by4 opinions
- Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
- Koonse v. Standard Steel Works Co.Missouri Court of Appeals · 1927
- Groves v. Great Eastern Casualty Co.Missouri Court of Appeals · 1922
- Powell v. Travelers Protective Ass'nMissouri Court of Appeals · 1911