23 Mo. App. 201 | Mo. Ct. App. | 1886
This action was instituted in the circuit court of Henry county, Missouri, to recover the sum of two thousand dollars damages for an alleged injury to appellant caused by respondent, its agents, and its servants, carelessly and negligently operating its railway, and running a train of cars through the city of Clinton on its railway at an unlawful and dangerous rate of speed, and without ringing a bell, sounding a whistle, or giving any warning whatever, whereby appellant was injured.
The answer was a general denial and contributory negligence. The defendant, at the close' of plaintiff’s case interposed a demurrer to the testimony which was sustained by the trial court, and plaintiff apipealed.
The abstracts as presented by the contending parties in this cause do not agree as to the testimony ■ adduced at the trial, and we have examined the record proper to ascertain its true import. Our conclusion is that plaintiff is entitled to the judgment of a jury on the case he has presented. He was engaged in driving a delivery wagon in the town of Clinton, through which corporation the defendant’s road .runs. He testifies that on approaching the track, he checked his horse and looked and listened for a train; that seeing or hearing none he attempted to cross over, but his wagon was struck by one of defendant’s engines, then passing at a rapid rate of speed, without ringing the bell or sounding
The judgment is reversed and the cause is remanded.