Lang v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon J cuines E. Hazelly Judge. (1) The petition charges that, “by the force of the collision of said car with his said wagon, plaintiff was thrown several feet in the air, and fell with great.force and violence,” etc. The proof was that he had reasonable cause to apprehend a collision and that the danger thereof was, and that he believed it was, imminent and impending, and to save himself he jumped and was injured.
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Appeal from Cooper Circuit Court. — Hon J cuines E. Hazelly Judge. (1) The petition charges that, “by the force of the collision of said car with his said wagon, plaintiff was thrown several feet in the air, and fell with great.force and violence,” etc. The proof was that he had reasonable cause to apprehend a collision and that the danger thereof was, and that he believed it was, imminent and impending, and to save himself he jumped and was injured. This proof was a positive contradiction of the charges made in plaintiff’s petition. Bond v. Railway, 110 Mo. App. 131; Chitty v. Railway, 148…
1Opinion of the CourtJohnson, J.
— This is an action to recover damages for persona] injuries sustained by plaintiff at the crossing of a public street and defendant’s railroad tracks in the city of Boonville. Plaintiff had judgment in the sum of three thousand dollars and defendant appealed.
The facts disclosed by. the evidence introduced by plaintiff are as follows: Plaintiff, a farmer living six or seven miles west of Boonville, while on his way. home, was driving a team attached to an ordinary farm wagon and at the time of the occurrence in question was standing near the front end of the wagonbed. His position placed him…
2Cases cited12 opinions
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- O'Connor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Dempsey v. HortonSupreme Court of Missouri · 1935
- Kurta v. ProbelskeMichigan Supreme Court · 1949
- Prove v. Interstate StagesMichigan Supreme Court · 1930
- Alldread v. MillsSupreme Court of Arkansas · 1947
- Chicago & Eastern Illinois Railroad v. VesterIndiana Court of Appeals · 1911
19 more not listed; retrieve them via the Exa API.