Lynn v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. S. A. Richardson, Judge. This was an action begun before a justice of the peace.
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Appeal from Daviess Circuit Court. — Hon. S. A. Richardson, Judge. This was an action begun before a justice of the peace. The statement set forth that on the 10th day of October, 1877, while plaintiff was, with due care and caution, driving a drove of cattle across defendant’s railroad, where a public highway crosses said railroad, the defendant then and there carelessly and negligently, by failing to ring its bell and blow the whistle, as required by section 38, chapter 37, Wagner’s Statutes, and by otherwise negligently running and conducting its train of cars over its said road, did run…
1Opinion of the CourtSherwood, C. J.
Plaintiff’s statement charges such facts as entitle him to recover under section 38, page 310, 1 Wagner’s Statutes, that is, for failure by defendant to ring its bell and blow its whistle as in said section provided. The statement also alleges, in substance, that in consequence of such failure and in consequence, also, bf the negligent running of the defendant’s train of cars, the cattle of plaintiff were killed, etc. There was evidence tending to show that defendant failed to comply with its statutory duty as aforesaid, and was also guilty otherwise of *170negligence resulting in the injury…
2Cited by5 opinions
- Jaquith v. WordenWashington Supreme Court · 1913
- Robertson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- State v. FreemanUtah Supreme Court · 1937
- Agnew v. Brooklyn City RailroadNew York City Court · 1887
- Lammers v. White Sewing Machine Co.Missouri Court of Appeals · 1887