Rine v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. John P, Strother, Judge. (1) The third paragraph in defendant’s answer should not have been stricken out. (a) The statute makes the defence a complete bar to an action for negligence. E. S., sec. 809. (5) It was new matter constituting a ■defence, and under the code is required to be set up in the answer. E. S., sec. 3521. (e) Contributory negli-' gence is a defence which has to be pleaded.
Read the full summary
Appeal from Lafayette Circuit Court. — Hon. John P, Strother, Judge. (1) The third paragraph in defendant’s answer should not have been stricken out. (a) The statute makes the defence a complete bar to an action for negligence. E. S., sec. 809. (5) It was new matter constituting a ■defence, and under the code is required to be set up in the answer. E. S., sec. 3521. (e) Contributory negli-' gence is a defence which has to be pleaded. Bliss on' Pleading, sec. .200 ; Thompson v. Railroad, 51 Mo. 192; Loyd v. Railroad, 53 Mo. 513. (d) This defence is similar to contributory negligence, but…
1Opinion of the CourtBla.ok, J.
The plaintiff sued for damages because of the death of her unmarried son, nineteen years of age. The petition states that defendant’s servants negligently ran an engine and tender over him. The answer is, that whilst the engine and tender were being backed on and along the track, deceased negligently walked on the track and in front of the tender, because of which he was run over. The reply states, that notwithstanding deceased was on the track; the servants of defendant could and in fact did see him in ample time to have stopped the engine, .but failed to do so. Plaintiff resided at…
2Cases cited6 opinions
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Yarnall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- McCarty v. CunninghamSupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
39 more not listed; retrieve them via the Exa API.