Fusili v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the JacJcson Circuit Court. — Hon. J. H. ■ Slover, Judge. (1) Defendant’s instructions in the nature of demurrers to the evidence should have been given. The plaintiff’s negligence directly contributed to his injury. He could have seen the moving car if he had looked, heard it if he had listened, and was reckless in trying to go across the track before the car. (2) The city ordinance contained three of the essential facts constituting plaintiff’s cause of action.
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Appeal from the JacJcson Circuit Court. — Hon. J. H. ■ Slover, Judge. (1) Defendant’s instructions in the nature of demurrers to the evidence should have been given. The plaintiff’s negligence directly contributed to his injury. He could have seen the moving car if he had looked, heard it if he had listened, and was reckless in trying to go across the track before the car. (2) The city ordinance contained three of the essential facts constituting plaintiff’s cause of action. No foundation was laid in the petition for such evidence, and it was error to admit it. Pier v. Heinriohoffen, 52 Mo.…
1Opinion of the CourtSmith, P. J.
— This was a suit to recover damages for personal injuries. The evidence tended to show that, at the crossing of Hickory street, which runs north and south, and Union avenue, which runs east and west, in Kansas City, there are on the latter four parallel railroad tracks, running nearly east and west; the two north tracks were owned ando operated by defendant; the other two by other railroads. North of these four tracks, and on the east side of Hickory street, were the railroad tracks, houses, sheds, etc., of the Bolen Coal Company. About midday on August 24, 1888, when the weather was clear…
2Cases cited19 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Davenport v. . RuckmanNew York Court of Appeals · 1868
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
- Smart v. Kansas CityMissouri Court of Appeals · 1902
- Caffey v. St. Louis-San Francisco Railway CompanyMissouri Court of Appeals · 1956
- Steube v. Christopher & Simpson Architectural Iron & Foundry Co.Missouri Court of Appeals · 1900
- Kalamazoo National Bank v. ClarkMissouri Court of Appeals · 1893
7 more not listed; retrieve them via the Exa API.