Dalton v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. James D. Barnett, Judge. (1) Upon the physical facts, defendant’s agents could not see George Dalton at the time of his injury, and all of plaintiff’s evidence tending to show that he could he seen is contrary to natural law and should therefore be disregarded. Clarke v. Railroad, 242 Mo. 606; Kelsay v. Railroad, 129 Mo. 376; Nugent v. Milling Co., 131 Mo. 253; Daniels -v. Railroad, 177 Mo. App. 281..
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Appeal from Montgomery Circuit Court. — Hon. James D. Barnett, Judge. (1) Upon the physical facts, defendant’s agents could not see George Dalton at the time of his injury, and all of plaintiff’s evidence tending to show that he could he seen is contrary to natural law and should therefore be disregarded. Clarke v. Railroad, 242 Mo. 606; Kelsay v. Railroad, 129 Mo. 376; Nugent v. Milling Co., 131 Mo. 253; Daniels -v. Railroad, 177 Mo. App. 281.. Plaintiff made Burns, appellant’s engineer, a witness in his own behalf. Burns testified it was impossible for him to see Dalton, looking from the…
1Opinion of the CourtGraves, J.
In an action bottomed upon negligence, the plaintiff, through his next friend, recovered a judgment against the defendants for $22,500, from which this appeal was taken. At the date of the accident George Dalton was a rather bright boy past the age-of twelve years.
In the switch yards in the northern part of Hannibal, Missouri, is a track running near the bluff, which track is the west track of those yards. To the west of this track is a public road, and across this road, close in to the bluff, is a store and some residences. These switch yards are a quarter of a mile or more in length, and…
2Cases cited3 opinions
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Ahnefeld v. Wabash RailroadSupreme Court of Missouri · 1908
- Featherstone ex rel. Curtin v. Kansas City Terminal Railway Co.Missouri Court of Appeals · 1913
3Cited by12 opinions
- McClanahan Ex Rel. McClanahan v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Burnam v. Chicago Great Western RailroadSupreme Court of Missouri · 1936
- Savage v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1931
- Stewart v. Missouri Pacific RailroadSupreme Court of Missouri · 1925
- Brown-Scott v. DavisMissouri Court of Appeals · 1925
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