Engleking v. Kansas City, Ft. Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Row. James T. Neville, Judge. (1) Plaintiff’s petition states a cause of áction. Morgan v. Railroad, 159 Mo. 262. (2) The motion for judgment should have been sustained. One motion to make answer more specific and one motion to strike out parts of amended answer were sustained, and no other answer was filed, leaving defendant in default.
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Appeal from Greene Circuit Court. — Row. James T. Neville, Judge. (1) Plaintiff’s petition states a cause of áction. Morgan v. Railroad, 159 Mo. 262. (2) The motion for judgment should have been sustained. One motion to make answer more specific and one motion to strike out parts of amended answer were sustained, and no other answer was filed, leaving defendant in default. R. S. 1899, secs. 621, 622. (3) That portion of the road where plaintiff was injured was publicly travelled and had been for many years. Plaintiff was hot a trespasser, and the defendant owed him the duty to be on the watch…
1Opinion of the Court
BURGESS, P. J. —
Plaintiff brought this action to recover of defendant damages on account of personal injuries sustained by him by reason of the negligence of defendant. The petition alleges that about 10:45 o ’clock p. m., on or about the sixth day of June, 1901, he was walking westward on defendant’s road about one-half mile west of defendant’s passenger depot in the city of Springfield, Missouri; that a certain locomotive and train of cars were drawn at a rapid rate of speed along and upon said railroad of defendant in a westwardly direction to the place where plaintiff was walking, and…
2Cases cited3 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Milburn v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
3Cited by9 opinions
- Everett v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Chicago, Burlington & Quincy Railway v. CookWyoming Supreme Court · 1909
- State v. MillerMissouri Court of Appeals · 2006
- State v. CulpepperSupreme Court of Missouri · 1922
- Stephens v. City of Eldorado SpringsMissouri Court of Appeals · 1915
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