Wheeler v. Wabash Railroad
Missouri Court of Appeals
Appeal from Boone Circnit Court. — Hon. N. D. Thurmond, Judge. (1) Defendant’s engineer saw plaintiff and discovered her perilous position; he should have discontinued the whistling or stopped his train. Smith v. Railroad, 53 S. W. 269, and cases cited; Stanger v. Railroad, 32 N. E. 209; Phelan v. Paving Co., 207 Mo. 666, 710. (2) Under the evidence in this case the plaintiff was entitled to the verdict of the jury on the question of negligence.
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Appeal from Boone Circnit Court. — Hon. N. D. Thurmond, Judge. (1) Defendant’s engineer saw plaintiff and discovered her perilous position; he should have discontinued the whistling or stopped his train. Smith v. Railroad, 53 S. W. 269, and cases cited; Stanger v. Railroad, 32 N. E. 209; Phelan v. Paving Co., 207 Mo. 666, 710. (2) Under the evidence in this case the plaintiff was entitled to the verdict of the jury on the question of negligence. It is only when the facts are . of such a character that all reasonable men must draw the same inference that it becomes the duty of the court to…
1Opinion of the CourtJohnson, J.
Action to recover damages for personal injuries alleged to have been caused by negligence of defendant. At the close of the evidence the court instructed the jury to return a verdict for defendant and plaintiff appealed from a judgment rendered on such verdict.
The injury occurred at midday October 24, 1909, on a public highway about one mile northeast of Columbia. Plaintiff and her niece, Miss Nellie Or ay, were driving towards the northeast in a two-horse buggy and were on a part of the highway that adjoins and runs parallel to the right of way of defendant’s branch line to Columbia, when…
2Cases cited1 opinion
- Day v. Boston & Maine RailroadSupreme Judicial Court of Maine · 1902
3Cited by6 opinions
- Garner v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1946
- Miller ex rel. Carpenter v. EngleMissouri Court of Appeals · 1915
- Fowler v. Missouri-Kansas-Texas RailroadMissouri Court of Appeals · 1935
- Engelsen v. Spokane, Portland & Seattle Railway Co.Washington Supreme Court · 1914
- Weltch v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1915
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