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…
1DissentBabclay, J.
(dissenting). — My concurrence is not given to the ruling that plaintiff has no case'to submit for trial.
Defendant does not deny that there was evidence warranting a finding of its negligence in omitting to give a statutory signal, on approaching the crossing. Under the statute (section 2608, R. S. 1889) proof of such omission and of the accident following at the crossing make out a prima facie case (Crumpley v. Railroad, 1892, 111 Mo. 152, 19 S. W. Rep. 820), unless, of course, plaintiff’s evidence also shows, as a conclusion of law, that the omission of a signal was not the cause of the…
2Cases cited9 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- State v. MartinSupreme Court of Missouri · 1894
- Hendrickson v. Great Northern Ry. Co.Supreme Court of Minnesota · 1892
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