Brown v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
dlppeal from Clinton Girouil Court. I. The fact that other persons crossed -the railroad track at an improper place is no excuse for plaintiffs doing the same thing. To cross the railroad track at an improper place was á wrong, and the doing a wrong at one time is no excuse for repeating it. H. There is no evidence in the case on which to base the first instruction. The evidence shows such negligence on the part of plaintiff as is both “‘unaccountable and inexcusable.”
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dlppeal from Clinton Girouil Court. I. The fact that other persons crossed -the railroad track at an improper place is no excuse for plaintiffs doing the same thing. To cross the railroad track at an improper place was á wrong, and the doing a wrong at one time is no excuse for repeating it. H. There is no evidence in the case on which to base the first instruction. The evidence shows such negligence on the part of plaintiff as is both “‘unaccountable and inexcusable.” She not only crossed the railroad at an improper place, but she crossed it with a large sun-bonnet drawn over her head, so…
1Opinion of the CourtWagner, Judge
This was an action commenced in the court below by the plains tiff for the purpose of recovering damages for personal injuries. It appears from the record that the plaintiff was in the town of Cameron, and wanted to cross the street where the defendant’s track was laid upon the same; that before she arrived at the crossing she discovered that a train of cars was standing upon the track and the crossing was obstructed, so that she could not pass at that place. She then turned and crossed the track at a different place, where there was no public crossing, but there was a path wb.ere people were…
2Cases cited5 opinions
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Robinson v. ConeSupreme Court of Vermont · 1850
- Huelsenkamp v. Citizens' Railway Co.Supreme Court of Missouri · 1866
- Morrissey v. Wiggins Ferry Co.Supreme Court of Missouri · 1871
- Morrissey v. Wiggins Ferry Co.Supreme Court of Missouri · 1869
3Cited by43 opinions
- Fowler v. Park Corp.Supreme Court of Missouri · 1984
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
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