Meyers v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Missouri
Appeal from DeKalb Circuit Court. I. The plaintiff admitted that the crossing was dangerous, and that its condition liad been known to liim for four weeks. And while ordinarily the presumption is, that in doing a particular act, the party doing it acted with due care, yet, where one attempts to do an act which he knows to be attended with risk and danger, be must show affirmatively that he conducted himself with prudence and discretion.
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Appeal from DeKalb Circuit Court. I. The plaintiff admitted that the crossing was dangerous, and that its condition liad been known to liim for four weeks. And while ordinarily the presumption is, that in doing a particular act, the party doing it acted with due care, yet, where one attempts to do an act which he knows to be attended with risk and danger, be must show affirmatively that he conducted himself with prudence and discretion. (Fox vs. Town of Glastonbury, 29 Conn., 204; Butterfield vs. Forrester, 11 East., 61; Horton vs. Ipswick, 12 Cush., 488; Devitt vs. Pacific R. R., 50 Mo.,…
1Opinion of the CourtVories, Judge
This action was brought to recover damages for an injury done to a threshing machine of plaintiff which was accidentally on the defendant’s railroad, by careless and negligent conduct of the agents and servants of the defendant, in running a train of cars against and upon said machine, by which said damage is charged to have occurred.
The petition in this case has two counts, but as the plaintiff elected to go to trial on the second count only, and the trial was had on that count, the first count need not be further noticed in the statement of the case.
It was charged by the second count that…
2Cases cited5 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Morrissey v. Wiggins Ferry Co.Supreme Court of Missouri · 1869
- Illinois Central Railroad v. MiddlesworthIllinois Supreme Court · 1868
- Chicago & Alton Railroad v. HogarthIllinois Supreme Court · 1865
3Cited by10 opinions
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Murray v. Gulf, Colorado & Santa Fe Ry. Co.Texas Supreme Court · 1889
- Oates v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1902
- Berry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Moore v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1895
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