Moberly v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Vinton Pike, Esq., Special Judge. The action is for personal injuries sustained by plaintiff at the crossing of a public highway by a collision with an engine on defendant’s railroad. The engine struck the wagon on which plaintiff was driving and threw him out.
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Appeal from Buchanan Circuit Court. — Vinton Pike, Esq., Special Judge. The action is for personal injuries sustained by plaintiff at the crossing of a public highway by a collision with an engine on defendant’s railroad. The engine struck the wagon on which plaintiff was driving and threw him out. The negligence charged against defendant is the omission of the statutory signals by the approaching engine, in permitting brush, saplings, etc., to remain on its right of way, obstructing the view of persons using the public road as plaintiff was doing, and in not keeping the crossing itself in…
1Opinion of the CourtBarclay, J.
— There was a sharp conflict on the issue of plaintiff’s negligence. We may summarize the effect of all the evidence in the statement that it was not such as warrants the court in declaring, as matter of law, that plaintiff’s negligence contributed to the' injury. It does not differ materially from that presented to the same point on the first appeal, as officially reported.
The instructions given by the court were in the main accurate, but certain errors, nevertheless, crept into them, requiring a reversal of the judgment. Instruction numbered 5, given at plaintiff’s instance, should not have…
2Cited by27 opinions
- Clark v. St. L. & S. F. R. Co.Supreme Court of Oklahoma · 1909
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Lebow v. Missouri Public Service CompanySupreme Court of Missouri · 1954
- Myers v. City of KansasSupreme Court of Missouri · 1891
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