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Spillane v. Missouri Pacific Railway Co.

37 S.W. 198, 135 Mo. 414, 1896 Mo. LEXIS 265
CourtSupreme Court of Missouri
DecidedOctober 7, 1896
StatusPublished
Cited by24 cases

This text of 37 S.W. 198 (Spillane v. Missouri Pacific Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spillane v. Missouri Pacific Railway Co., 37 S.W. 198, 135 Mo. 414, 1896 Mo. LEXIS 265 (Mo. 1896).

Opinion

Gantt, P. J.

This is- an action for damages resulting from personal injuries sustained by plaintiff on the thirteenth of October, 1888. This is the second appeal in the cause. The first is reported in 111 Mo. 559. On the last trial the jury returned a verdict for defendant from which plaintiff brings error.

The accident occurred at a point on defendant’s railway in Kansas City two hundred and sixty-five feet east of the east line of Grand avenue where said avenue intersects defendant’s tracks on Front street. At this point and for several hundred feet both east and west the defendant’s railway is located on and along Front street in said city. Grand avenue runs north and south and the railway east and west. Across Grand avenue and at the point where the accident occurred, the defendants’ railway consists of four parallel tracks.

Beginning at the south the first track is known as the outgoing or east bound main track, the second, as the incoming or west bound track, the other two are team or storage tracks used in loading or unloading freight. East of Grand avenue the tracks are straight but three hundred or four hundred feet west of Grand avenue there is a curve so that a person coming from the west along the railroad track could not see beyond Grand avenue until-after having passed this curve, nor [418]*418could a person on the track east of Gfrand avenue see a train coming from the west until after it rounded this curve.

Coming from the west there is a considerable up grade until near Grand avenue and from that point east the track is practically level'. The defendant’s freight depot is located on the north side of the tracks and on the west side of Grand avenue and about fifty feet from the west line of said street and its passenger depot is located on. the south side of the tracks and east side of Grand avenue. The platform of this depot extends from the east line of Grand avenue eastwardly from one hundred to two hundred feet, as variously estimated by the witnesses.

Wood Brothers’ ice house is located on the north side of the tracks and something over three hundred feet east of Grand avenue. The two main tracks are located on Front street while the two team tracks on the north are located on private property just north of the north line of said street. The tracks are only a few feet apart and-the spaces between the rails are planked over for the accommodation of passengers getting on and off trains and of persons desiring to load and unload freight.

Teamsters and other persons having occasion to go to Wood Brothers’ ice house were accustomed to travel north on Grand avenue until reaching the railway tracks and thence diagonally across the tracks to a wagon road on the north side of the tracks leading to said ice house. This road leaves the railroad tracks at a point one hundred and fifty feet east of the east line of Grand avenue and one hundred and six feet west of the point where the plaintiff received his injuries.

The plat accompanying this opinion accurately describes the situation of the various points referred to in the testimony of the witnesses:

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Bluebook (online)
37 S.W. 198, 135 Mo. 414, 1896 Mo. LEXIS 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spillane-v-missouri-pacific-railway-co-mo-1896.