Bauer v. Kansas Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Pircuit Court. — Hon. S. H. Woodson, Judge. Action to recover damages for injuries to plaintiff’s horse and wagon. It appeared in evidence that the plaintiff’ had delivered a load of freight at the depot of the railroad company, and was in the act of driving out of the depot yard or grounds when a train belonging to the company, backing through the yard, ran over and maimed plaintiff’s horse and broke his wagon.
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Appeal from Jackson Pircuit Court. — Hon. S. H. Woodson, Judge. Action to recover damages for injuries to plaintiff’s horse and wagon. It appeared in evidence that the plaintiff’ had delivered a load of freight at the depot of the railroad company, and was in the act of driving out of the depot yard or grounds when a train belonging to the company, backing through the yard, ran over and maimed plaintiff’s horse and broke his wagon. There were several tracks running parallel with each other. Plaintiff was crossing them at the place -provided by the company for ingress to and egress from the…
1Opinion of the CourtNapton, J.
The instructions given by the court in this case are obviously based upon the assumption that the road upon which the damage occurred, was a “traveled public road or street,” within the meaning of the 39th section of ax’ticle 2 of our statutes concerning railroad companies. 1 Wag. Stat., p. 310. That section requires not only the ringing of the bell of the locomotive, within eighty rods of such crossing, but it requires sign-boaxils, wffth painted advertisements in capital lettei’S, of “ Railroad Crossing — Look out for the Cars.” The act of 1875, on the same subject, goes further, au8d…
2Cited by4 opinions
- State Ex Rel. Iron Mountain & Southern Railway Co. v. ReynoldsSupreme Court of Missouri · 1920
- State ex rel. Clinton County v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1885
- Hodges v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1879
- State ex rel. Simpson v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910