Brown v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. J. M. Sanduskp, Judge. The court erred in overruling the demurrer to the evidence. There was no showing that the crdssing waa not good and sufficient. (2) The court erred in giving to the jury the first instruction asked by plaintiffs. The proof, without conflict, showed a good and sufficient crossing, reasonably safe to persons using ordinary care, while passing over it.
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Appeal from Clinton Circuit Court. — Hon. J. M. Sanduskp, Judge. The court erred in overruling the demurrer to the evidence. There was no showing that the crdssing waa not good and sufficient. (2) The court erred in giving to the jury the first instruction asked by plaintiffs. The proof, without conflict, showed a good and sufficient crossing, reasonably safe to persons using ordinary care, while passing over it. It was error to submit that question to the jury on that proof. Boland v. Railroad, 36 Mo. 491; Chouteau v. Searcy, 8 Mo. 787; Georges n. Huffschmidt, 44 Mo. 180. (3) The plaintiffs’…
1Opinion of the CourtBlaok, J.
This is a suit by a married woman to recover damages for injuries sustained by reason of a defective crossing at a point where a public road crosses the defendant’s track. She and her husband were moving with two teams, and passed over this crossing from the east to the west. The husband drove the forward team, and she followed, driving the other. She says she was looking at the road at the time, and drove in the traveled track and had a gentle team. She passed over the east approach, and, just as she passed over the track, the wagon turned over the south embankment.
*315The east approach curves a…
2Cases cited3 opinions
- T. & P. R'y Co. v. CurryTexas Supreme Court · 1885
- Chicago, Burlington & Quincy Railroad v. WarnerIllinois Supreme Court · 1884
- O'Leary v. RowanSupreme Court of Missouri · 1860
3Cited by40 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- Tyler v. HallSupreme Court of Missouri · 1891
- Henderson v. ColemanWyoming Supreme Court · 1911
- Cumberland Tel'p & Tel'g Co. v. OverfieldCourt of Appeals of Kentucky · 1907
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