Kenney v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. J. M. Sandusky, Judge. The action is for various kinds of damages sustained by plaintiff, including the death of his wife, at a public crossing of defendant’s railway, in consequence (as is charged) of the negligence of operatives of a train of defendant in failing to give signal of bell or whistle as it approached the crossing. The defenses are contributory negligence and the general issue.
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Appeal from Clinton Circuit Court. — Hon. J. M. Sandusky, Judge. The action is for various kinds of damages sustained by plaintiff, including the death of his wife, at a public crossing of defendant’s railway, in consequence (as is charged) of the negligence of operatives of a train of defendant in failing to give signal of bell or whistle as it approached the crossing. The defenses are contributory negligence and the general issue. The instructions referred to in the opinion of the court are the following, viz. : Given for plaintiff : “1. If the jury believe from the evidence that on the…
1Opinion of the Court
*284DIVISION ONE.
Barclay, J.
All the counts of -the petition may be treated together, as the substantial issues arising upon each, are the same.
I. It is claimed by defendant that plaintiff was guilty of such contributory negligence in the circumstances as required the trial court to instruct the jury to find for the defendant.
The statute requiring a certain signal of bell or whistle, by an engine approaching a crossing of any public road, declares that, in event of failure to give such signal, the railway corporation shall be liable “for all damages which any person may hereafter sustain at such…
2Cases cited11 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Terre Haute & Indianapolis Railroad v. VoelkerIllinois Supreme Court · 1889
- Mauerman v. SiemertsSupreme Court of Missouri · 1879
- Johnson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
29 more not listed; retrieve them via the Exa API.