Madison v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The statute did not impose on defendant the duty of constructing and maintaining a crossing at the point where accident occurred. R. S. 1889, sec. 2611. The demurrer to the evidence should, therefore, have been sustained.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The statute did not impose on defendant the duty of constructing and maintaining a crossing at the point where accident occurred. R. S. 1889, sec. 2611. The demurrer to the evidence should, therefore, have been sustained. (2) The court committed error in refusing defendant’s instruction number 6. If the plaintiff knew of the defective condition of the crossing and the danger of attempting to pass over it with his load of hay, he could not, in the exercise of ordinary prudence, proceed and take the chances; and by doing so he…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for personal injuries. There was a trial and judgment for plaintiff for $2,500, and to reverse which defendant has appealed. The errors complained of arise out of the action of the trial court in the giving and refusing of instructions.
The defendant objects that the court erred in refusing to direct the jury that under the pleadings and evidence the plaintiff was not entitled to recover. The specific ground of the demurrer urged is that the statute did not impose upon defendant the duty of constructing and maintaining a crossing at the place where the…
2Cases cited29 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Greenway v. JamesSupreme Court of Missouri · 1864
- Young v. GlascockSupreme Court of Missouri · 1883
24 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Chilton v. City of St. JosephSupreme Court of Missouri · 1898
- Nixon v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1897
- Hellmuth v. BenoistMissouri Court of Appeals · 1910
- American Central Insurance v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898
8 more not listed; retrieve them via the Exa API.