Pope v. Wabash Railroad
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. It was admitted by plaintiff that she and her husband both knew the train was rapidly approaching them, was very near, and that they “would have to get out of the way some way.” With full knowledge of their perilous position they ran a race with death.
Read the full summary
Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. It was admitted by plaintiff that she and her husband both knew the train was rapidly approaching them, was very near, and that they “would have to get out of the way some way.” With full knowledge of their perilous position they ran a race with death. Their wanton and reckless negligence continued down to the moment of the catastrophe, after it was impossible for the engineer to avoid it. It was the proximate cause of Pope’s unfortunate death. Yeatch v.…
1Opinion of the CourtKennish, J.
On the 13th day of September, 1907, in the city of Kirksville, Adair county, Joseph Pope, deceased, was struck and killed by appellant’s train. Respondent, his widow, brought this action for damages under the provisions of section 5425; Revised Statutes 1909. Upon a trial a verdict was returned in her favor, awarding damages in the sum of two thousand dollars. The defendant appealed to this court. In its answer the defendant assailed the constitutionality of said statute; hence the appellate jurisdiction of this court.
The acts of negligence assigned in the petition are that deceased, Joseph…
2Cases cited5 opinions
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Laun v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Candee v. Kansas City & Independence Rapid Transit RailwaySupreme Court of Missouri · 1895
3Cited by9 opinions
- Banks v. Morris CompanySupreme Court of Missouri · 1924
- Reeves v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1913
- State Ex Rel. Sirkin & Needles Moving Co. v. HostetterSupreme Court of Missouri · 1936
- Henderson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1926
- Lueders v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1913
4 more not listed; retrieve them via the Exa API.