Huggart v. Missouri Pac. Ry. Co.

• Citation: 36 S.W. 220,134 Mo. 673
• Parties: HUGGART v. MISSOURI PAC. RY. CO.
• Decision Date: 16 June 1896
• Court: United States State Supreme Court of Missouri

36 S.W. 220

134 Mo. 673

HUGGART v. MISSOURI PAC. RY. CO.

Supreme Court of Missouri, Division No. 2.

June 16, 1896.

RAILROAD COMPANIES — ACCIDENT AT CROSSING — DEMURRER TO EVIDENCE.

In an action for the death of plaintiff's intestate, it appeared that decedent was driving along a country road; that, when he came to a point within 30 or 40 feet of a railroad crossing, where he was free from all danger of collision with trains on the road, he could have seen up the track to the west a distance of 600 to 1,000 feet; that a train was then approaching in full sight from that direction; and that he did not look at the train, or else deliberately attempted to cross in front of it. Held, that a demurrer to the evidence should have been sustained.

Appeal from circuit court, Jackson county; Jas. H. Slover, Judge.

Accident by Lizzie F. Huggart against the Missouri Pacific Railway Company for the death of plaintiff's husband. From a judgment in favor of plaintiff, defendant appeals. Reversed.

On the 30th day of October, 1893, plaintiff's husband, Porter S. Huggart, was struck and killed by an engine on defendant's railway, at a public crossing about five miles south of the city of Independence. From Independence to the place of the accident, the public county road and the railroad run in the same general direction, at times approaching within a half mile of each other, but cross each other at right angles at the crossing on which plaintiff's husband was killed. The county road leads over a high rocky hill just before crossing the railroad, but immediately on the crossing they are both at about the same grade. On the west side of the crossing, the railroad passes through a cut, so that a person approaching the crossing on the county road could not see a train on the railroad to the west until he should get to a point about 35 or 40 feet from the railroad track. From this point (35 or 40 feet from the track) a traveler could see up the railroad to the west a distance of from 600 to 1,000 feet, as variously established by the different witnesses, and the nearer he approached the track the further he could see. About 20 feet from the track on the side of the county road there was a large sign, upon a post, containing the words, "Railroad Crossing. Look Out for the Cars!" The county road contained a cut through the right of way, so that the view of a traveler was cut off on the west until he reached a point from 30 to 35 or 40 feet from the railroad track. On the 30th day of October, 1893, Porter Huggart borrowed a team, and started from Independence to get a load of wood. He was not seen until he emerged from the cut in the county road at a point 30 to 40 feet from the track, moving on south to the crossing. No person witnessed the accident except the engineer, the fireman, and one brakeman. According to their evidence, Mr. Huggart did not stop after coming into view, or look for a train, until his horses were on the crossing. He then looked in the direction of the train, and began whipping his horses with his lines. His team and the front wheels of the wagon passed over the track safely, and a freight train on defendant's railroad, moving from the west, struck the hind wheels, and threw him from the wagon, and killed him. There is, as usual, much conflict in the evidence as to whether the whistle was sounded or the bell rung, as required by the statute. Two witnesses on the part of the plaintiff testified that they were in a barn about 175 yards from the place of the accident, doctoring a...