Giddings v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Chesley A. Mosman, Judge. (1) The court erred in refusing to instruct the jury to find for the defendant. Hornstein y. Railroad, 195 Mo. 450; Kelsay y. Railroad, 129 Mo. 362; Green y. Railroad, 192 Mo. 131; Stotler y. Railroad, 204 Mo. 619; Boring y. Railroad, 194 Mo. 541; Schmidt y. Railroad, 391 Mo. 215; Giardina y.
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Appeal from Buchanan Circuit Court. — Hon. Chesley A. Mosman, Judge. (1) The court erred in refusing to instruct the jury to find for the defendant. Hornstein y. Railroad, 195 Mo. 450; Kelsay y. Railroad, 129 Mo. 362; Green y. Railroad, 192 Mo. 131; Stotler y. Railroad, 204 Mo. 619; Boring y. Railroad, 194 Mo. 541; Schmidt y. Railroad, 391 Mo. 215; Giardina y. Railroad, 185 Mo. 330. (2) She should haye looked again before stepping upon the track, when she would have had an unobstructed yiew of the train, and her failure to do so was contributory negligence. Kelsay y. Railroad, 129 Mo. 375;…
1Opinion of the CourtEllison, J.
Plaintiff sustained personal injury from being run upon by one of defendant’s engines. She brought this action for damages and recovered judgment in the trial court.
Since the verdict was for the plaintiff we will assume the facts in the case to be what the evidence in her behalf tends to show them. She was injured at a wagon crossing in the city of St. Joseph. At the approach at that point there is a sharp curve in the track and Aveeds had been permitted to grow to considerable height along close to the ends of the ties. Plaintiff, who was an elderly woman, approached the track wearing a…
2Cases cited2 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Hornstein v. United Railways Co.Supreme Court of Missouri · 1906
3Cited by3 opinions
- Graves ex rel. Hathaway v. Northern Pacific Railway Co.Idaho Supreme Court · 1917
- Wack v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Moloney v. United Railways Co.Missouri Court of Appeals · 1914