Brown v. Kansas City, Clinton & Springfield Railway Co.
Missouri Court of Appeals
Appeal from Cass Circuit Court. — Eon. W. A. Whit-sett, Judge. It was the duty of the respondent before driving upon the tracks of appellant to stop, look and listen, and inform himself as to the proximity of the train before attempting to cross. Elliott, 2nd Ed., 3rd Vol., p. 1143, pages 310 and 311; Boyd v. Wabash, 105 Mo. 1. c., 376, 377; Zimmerman v. Co., 71 Mo. 476; Stotler v. Railroad, 204 Mo. 638; Kelsay v. Railroad, 129 Mo. •372; Schaub v. Railroad, 133 Mo.
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Appeal from Cass Circuit Court. — Eon. W. A. Whit-sett, Judge. It was the duty of the respondent before driving upon the tracks of appellant to stop, look and listen, and inform himself as to the proximity of the train before attempting to cross. Elliott, 2nd Ed., 3rd Vol., p. 1143, pages 310 and 311; Boyd v. Wabash, 105 Mo. 1. c., 376, 377; Zimmerman v. Co., 71 Mo. 476; Stotler v. Railroad, 204 Mo. 638; Kelsay v. Railroad, 129 Mo. •372; Schaub v. Railroad, 133 Mo. App. 450; Sanguinette v. Railroad, 196 Mo. 466; McManamee v. Railroad, 135 Mo. 440. There is no evidence that appellant’s agents…
1Opinion of the CourtJohnson, J.
— Plaintiff was injured at a public road crossing in a collision between his wagon and a train on defendant’s railroad, and sued to recover the resultant damages sustained by him on the ground that his injury was caused by negligence of defendant in the operation of the train. The answer is a general denial. At the close of the evidence a request of defendant for a peremptory instruction was refused and issues of fact were submitted to the jury in appropriate instructions. A verdict for plaintiff was returned and after its motion for a new trial was overruled defendant appealed. The only…
2Cases cited6 opinions
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Crumpley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1892
- Herring v. Wabash RailroadMissouri Court of Appeals · 1899
- King v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
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