Esler v. Wabash Railroad
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The giving of plaintiff’s instruction numbered 2 was not error. The instruction properly declared the law of the case. The rights of the travelling public upon the crossing are not subordinate to the railway company. They are each equally bound to use caution, care and diligence to avoid injury.
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Appeal from Chariton Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The giving of plaintiff’s instruction numbered 2 was not error. The instruction properly declared the law of the case. The rights of the travelling public upon the crossing are not subordinate to the railway company. They are each equally bound to use caution, care and diligence to avoid injury. Kennayde v. Railroad, 45 Mo. 262; Zimmerman v. Railroad, 71 Mo. 477; Baker v. Kansas City, 147 Mo. 140. (2) Plaintiff’s instruction numbered 4, assigned as error, properly declared the law. If plaintiff, at the last point from which…
1Opinion of the CourtEllison, J.
Plaintiff brought this action for personal injuries which he alleges he received by' a collision with one of defendant’s engines which was at the time going at a high rate of speed. Plaintiff obtained a favorable verdict which, on-defendant’s motion, was set aside and a new trial granted for error in instructions. Plaintiff appealed.
There was evidence tending to show that plaintiff and his brother were seated in a two-horse farm wagon driving along a public road near Huntsville approaching a crossing of defendant’s railroad track. It was in the evening but not yet dark. The road was soft from…
2Cases cited7 opinions
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Stepp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- Johnson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jackson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
- Esler v. Wabash RailroadMissouri Court of Appeals · 1906