Monroe v. Chicago & Alton Railroad Co.
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — TLon. J. D. Barnett, Judge. (1) The court erred in giving the instruction for the defendant placing the burden of proof upon plaintiff to show that the violation of the statute, in failing to give signals, was the cause of the accident. McNulty v. Railroad, '203 Mo. 477; Green v. Mo. Pac. Ry. Co., 192 Mo. 142; Huckshold v. Ry. Co., 90 Mo. 556; Kerr v. Bush, 198 Mo.
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Appeal from Audrain Circuit Court. — TLon. J. D. Barnett, Judge. (1) The court erred in giving the instruction for the defendant placing the burden of proof upon plaintiff to show that the violation of the statute, in failing to give signals, was the cause of the accident. McNulty v. Railroad, '203 Mo. 477; Green v. Mo. Pac. Ry. Co., 192 Mo. 142; Huckshold v. Ry. Co., 90 Mo. 556; Kerr v. Bush, 198 Mo. App. 611. (2) The court erred in instructing the jury that any degree of negligence contributing in the least degree, would bar plaintiff’s right to recovery. Howard v. Scarritt Estate Co., 267…
1Opinion of the CourtBlair, P. J.
This is an action for damages for injuries sustained by plaintiff when Ms automobile was struck by one of defendant’s passenger trains at a street crossing in the village of Laddonia. The verdict and judgment were for defendant, and plaintiff appealed. The facts appear in the opinion.
Abstract. I. The point is made that the abstract of the record proper fails to show that a motion for new trial was filed in time. The fact is shown by the short transcript, and this is sufficient. [State ex rel. Caruthers v. Drainage District, 271 Mo. 429; Mason v. Hutchison, 201 S. W. 593; Pippert v. Cook, 203…
2Cases cited19 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Brommer v. Pennsylvania R.Court of Appeals for the Third Circuit · 1910
- New York Cent. & H. R. R. v. MaidmentCourt of Appeals for the Third Circuit · 1909
- Campbell v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
- Central Indiana Railway Co. v. WishardIndiana Supreme Court · 1917
14 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Homan v. Missouri Pacific RailroadSupreme Court of Missouri · 1933
- Knox v. WeathersSupreme Court of Missouri · 1953
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Gann v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1928
- Zumault v. Wabash Railroad CompanySupreme Court of Missouri · 1957
19 more not listed; retrieve them via the Exa API.