Moore v. Wabash Railroad
Missouri Court of Appeals
Appeal from Audrain .Circuit Court. — Eon. Samuel Davis, Special Judge. (1) The court erred in refusing to instruct a verdict for the defendant for the reasons: (a) the proof shows that the plaintiff was injured as the result of his own negligence in going upon the track in front of an approaching engine that he either saw or could have seen; (b) the plaintiff’s proof does not show that the speed of the train was the proximate cause' of the injury but on the other hand shows…
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Appeal from Audrain .Circuit Court. — Eon. Samuel Davis, Special Judge. (1) The court erred in refusing to instruct a verdict for the defendant for the reasons: (a) the proof shows that the plaintiff was injured as the result of his own negligence in going upon the track in front of an approaching engine that he either saw or could have seen; (b) the plaintiff’s proof does not show that the speed of the train was the proximate cause' of the injury but on the other hand shows that notwithstanding the speed the collision would have occurred. Hayden v. Railroad, 121 Mo. 566; Railroad v.…
1Opinion of the CourtNortoni, J.
— This is a suit for damages accrued through the negligence of defendant. Plaintiff, an infant suing by his next friend, recovered and defendant prosecutes the appeal.
Plaintiff received his injury while crossing defendant’s railroad track on a public street within the city of Mexico, as a result of defendant’s locomotive engine colliding with the surrey which he was driving. The view of the railroad track for a considerable distance east of the street crossing was obscured by a luxuriant growth of weeds, so that those traveling from the north on the highway were unable to discern the approach…
2Cases cited6 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Dey v. United Railways Co.Missouri Court of Appeals · 1909
- Wise v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Connor v. Wabash RailroadMissouri Court of Appeals · 1910
- Elliott v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fullenwider v. BrawnerCourt of Appeals of Kentucky (pre-1976) · 1928
- In Re HallCalifornia Court of Appeal · 1920
- Newark Finance Corp. v. AcocellaSupreme Court of New Jersey · 1935
- Swigart v. LuskMissouri Court of Appeals · 1917
- Buckry-Ellis v. Missouri Pacific RailroadMissouri Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.