Gruebel v. Wabash Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». John A. Blevins, Judge. (1) Persons entering upon railroad crossings must exercise ordinary care for their safety, and when injured through the concurring negligence of themselves and railroad company there can he no recovery. Jones v. Barnard, 63 Mo. App. 501; Butts v. Railroad, 98 Mo. 272, 11 S. W. 754; Panning v. Transit Co., 103 Mo.
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Appeal from St. Louis City Circuit Court. — Ho». John A. Blevins, Judge. (1) Persons entering upon railroad crossings must exercise ordinary care for their safety, and when injured through the concurring negligence of themselves and railroad company there can he no recovery. Jones v. Barnard, 63 Mo. App. 501; Butts v. Railroad, 98 Mo. 272, 11 S. W. 754; Panning v. Transit Co., 103 Mo. App. 151, 78 S. W. 72. (2) One who is about to cross railroad tracks at public crossing must look and listen for approaching trains, and omission of either bars a recovery. Boyd v. Railroad, 105 Mo. 371, 16 S.…
1Opinion of the CourtGoode, J.
J. — When this plaintiff was a child eight ..years old she was run down by one of the defendant’s engines at the crossing of Second street and Prairie avenue in the city of St. Louis. The results were a wound on the left knee, fracture of the finger hone, fracture of the skull near the base, concussion of the brain and partial insanity of the child. At the street crossing where the accident happened three railway tracks of the defendant ran parallel to each other and across Prairie avenue. That thoroughfare was in considerable use by the public and a watchman was kept at the crossing during…
2Cases cited1 opinion
- Fry v. St. Louis Transit Co.Missouri Court of Appeals · 1905
3Cited by1 opinion
- Wertheimer, Swartz Shoe Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910