King v. Wabash Railroad
Supreme Court of Missouri
Appeal from Daviess Circuit Court . — Hon. J. W. Alexander, Judge. (1) The court committed error in refusing to give the demurrer to the evidence and defendant’s instruction in the nature of a demurrer to the evidence, (a) It was the act of the deceased in leaving a place of safety and getting against the tender or against the drive wheel of the engine that was. the proximate cause of the accident.
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Appeal from Daviess Circuit Court . — Hon. J. W. Alexander, Judge. (1) The court committed error in refusing to give the demurrer to the evidence and defendant’s instruction in the nature of a demurrer to the evidence, (a) It was the act of the deceased in leaving a place of safety and getting against the tender or against the drive wheel of the engine that was. the proximate cause of the accident. Green v. Railroad, 192 Mo. 131; Koegel v. Railroad, 181 Mo. 379; Schmidt v. Railroad, 191 Mo. 215.; Mockowik v. Railroad, 196 Mo. 550'; Carrier v. Railroad, 175 Mo. 470; Holwerson v. Railroad, 157…
1Opinion of the CourtGrBAYES, J.
— Plaintiff for a short while, seven months, was the widow of one S. J. E. Turner, who was killed by one of the defendant’s engines. After the institution of this suit, but prior to the trial, she married one King. She had judgment below for the statutory penalty of $5,000, and defendant appealed. The death of said Turner occurred within the corporate limits of Pattonsburg,-Missouri. Plaintiff pleads that there was, at the point where the accident occurred, a continuous user of defendant’s right of way and tracks by pedestrians, of which said user the defendant had full knowledge, and this…
Also in this document: Concurrence.
2Cases cited1 opinion
- Porter v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
3Cited by19 opinions
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Maginnis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1916
- State ex rel. Harvey v. WrightSupreme Court of Missouri · 1913
- Connole v. East St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1937
- Hawkins v. SmithSupreme Court of Missouri · 1912
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