Reyburn v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. Wm. L. Jarrott, Judge. (1) Under the well-established law of this State, the plaintiff is not entitled to recover, even under the humanitarian rule, unless the evidence shows thalt the engineer and fireman actually saw deceased in peril before he was struck, and in time to have avoided the injury.
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Appeal from Johnson Circuit Court. — Hon. Wm. L. Jarrott, Judge. (1) Under the well-established law of this State, the plaintiff is not entitled to recover, even under the humanitarian rule, unless the evidence shows thalt the engineer and fireman actually saw deceased in peril before he was struck, and in time to have avoided the injury. Barker v. Railroad, 98 Mo. 50; Coatney v. Railroad, 151 Mo. 35; Davies v. Railroad, 159 Mo. 1; Tanner v. Railroad, 161 Mo. 497; Carrier v. Railroad, 175 Mo. 470. The foregoing principle is clearly recognized as being elementary law in this State. Moore v.…
1Opinion of the Court
VALLIANT, J. —
Plaintiff recovered judgment for $5,000 for the killing of her husband by a locomotive drawing a passenger train on defendant’s railroad. Defendant appeals.
The petition states, in substance, that in the afternoon of .February 22, 1902, plaintiff’s husband, Joseph R. Reyburn, was walking west in the track of defendant’s railroad about half a mile east of the town of Kingsville when a regular passenger train of defendant approached him from the rear, also going west, ran *570over Mm and killed Mm; that it was on a portion of defendant’s track commonly used by the public for a foot…
2Cases cited5 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Hinzeman v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
3Cited by21 opinions
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
- Lange v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1907
- Guthrie v. GillespieSupreme Court of Missouri · 1928
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