Lane v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson- Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The demurrer to the evidence should have been sustained. It was the duty of plaintiff’s husband, when approaching the railroad crossing, to use every reasonable precaution to avoid the accident. He was bound to look and listen for an approaching train. If there were difficulties in the way of either seeing or hearing, he was on account thereof required to exercise the greater care. Beach on Con.
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Appeal from Jackson- Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The demurrer to the evidence should have been sustained. It was the duty of plaintiff’s husband, when approaching the railroad crossing, to use every reasonable precaution to avoid the accident. He was bound to look and listen for an approaching train. If there were difficulties in the way of either seeing or hearing, he was on account thereof required to exercise the greater care. Beach on Con. Neg. [2 Ed. ], sec. 180; Fletcher v. Railroad, 64 Mo. 484; Harlan v. Railroad, 64 Mo. 480; Heme v. Railroad, 71 Mo. 636; Zimmerman…
1Opinion of the CourtShebwood, J.
Plaintiff, the widow of John H. •Lane, brought this action against defendant company to recover damages for the death of her husband, which was caused by his coming in contact with the engine of *10a moving train of defendant’s at a point in the town of Leeds where the Raytown public road crosses the track of defendant’s railway.
The train at the time of the collision was moving south and Lane was going east. The date was the twenty-ninth of July, 1892, and the hour about 9:45 p. m. This intersection of the lines of the highways occurs practically at right angles, the public road running east and…
2Cases cited20 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Cleghorn v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Cole-Collister Fire Protection District v. City of BoiseIdaho Supreme Court · 1970
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
- State v. GoddardSupreme Court of Missouri · 1901
24 more not listed; retrieve them via the Exa API.