Tetherow v. St. Joseph & Des Moines Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. J. P. Geubb, Judge. Plaintike' is the widow of Levi Tetherow deceased. She sues to recover damages under the statute, for the death of her husband, charging that it was caused by defendant’s negligence in failing to provide a good and sufficient crossing over its tracks on Fourteenth street in St. Joseph, Missouri.
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Appeal from Buchanan Circuit Court. — Hon. J. P. Geubb, Judge. Plaintike' is the widow of Levi Tetherow deceased. She sues to recover damages under the statute, for the death of her husband, charging that it was caused by defendant’s negligence in failing to provide a good and sufficient crossing over its tracks on Fourteenth street in St. Joseph, Missouri. It is alleged that in consequence of this negligence Tetherow was thrown from his wagon while passing over the railroad crossing on a load of wood and received injuries from which he died. The answer denied these allegations and asserted…
1Opinion of the CourtBarclay, J.
— There was ample evidence for plaintiff tending to establish negligence on the part of defendant in failing to have a good and sufficient crossing (of the kind required by law, R. S. sec. 807) at the point where Tetherow was killed. There was also abundant evidence from which the jury might properly have found that deceased was negligent in the premises ; but the facts were not such as justify the court in declaring as matter of law that he was negligent. Without attempting any extended review of the evidence it may briefly be stated that in view of the heavy load deceased was hauling and of…
2Cases cited2 opinions
- Furman v. . Van SiseNew York Court of Appeals · 1874
- Guion v. Guion's AdministratorSupreme Court of Missouri · 1852
3Cited by40 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
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