Shanks v. Springfield Traction Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — How. J. T. Neville, Judge. (1) The motorman’s duty required watchfulness on his part. Gebhart v. Transit Co., S. W. Rep., Feb. 4, 1903, page 450; Bunyan v. Railroad, 127 Mo. 12, and authorities cited; Seun v. Railroad, 108 Mo. 142; Schmidt v. Railroad, 163 Mo. 652; Hutchinson v. Railroad, 88 Mo.
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Appeal from Greene Circuit Court. — How. J. T. Neville, Judge. (1) The motorman’s duty required watchfulness on his part. Gebhart v. Transit Co., S. W. Rep., Feb. 4, 1903, page 450; Bunyan v. Railroad, 127 Mo. 12, and authorities cited; Seun v. Railroad, 108 Mo. 142; Schmidt v. Railroad, 163 Mo. 652; Hutchinson v. Railroad, 88 Mo. App. 376. (2) The motorman should have placed the car under control immediately when he discovered plaintiff was heedless of the signal given by sound of the bell. No sign was given by plaintiff of heeding. “Something had occurred.” Plaintiff was oblivious to…
1Opinion of the CourtGoode, J.
Plaintiff was struck by a car of the defendant company, while walking along its track, and injured, and this action was brpught to obtain the consequent damages.
The negligence charged is that after the employees who were operating the car saw, or, by the exercise of reasonable care and diligence, could have seen the dangerous position of plaintiff, his imminent peril, and that he was unaware of the approach of the car, they failed to use the brake and other appliances provided to stop it and instead, recklessly, negligently and wantonly ran against the plaintiff.
Besides a general denial, the…
2Cases cited20 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
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3Cited by4 opinions
- Bennett v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Sisk v. Industrial Track Construction Co.Supreme Court of Missouri · 1927
- Degan v. JewellSupreme Court of Missouri · 1922
- Jersey Farm Dairy Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1903