Missouri Appeal Reports Volume 134

Missouri Appeal Reports Volume 134

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...contributory negligence in defense of a recovery for its violation of the statute, although a remark in the Kennayde case, supra, might be taken as an intimation to the contrary. Zimmerman v Railroad, 71 Mo. 476, 486. The statute says, in words we have quoted supra, that nothing contained in it shall preclude the corporation from showing failure to give the signals was not the cause of an in-jury. It has been held this proviso "shifts the burden of proof to the corporation as to the cause of the injury, when it appears the statutory signals are not given" (Crumpley v. Railroad, 111 Mo. 1'52), and that when a plaintiff proves they were not given, he has made a prima-facie case (Coflin v. Railroad, 22 Mo. App. 601. 604). It is not clear at first sight how the statute alters the general doctrine of the law, which requires a railroad company, or any defendant relying on contributory negligence as a defense, to prove by the weight of evidence, it occurred; that is, carry the burden of proof as to said defense. As construed by the Supreme Court and the Kansas City Court of Appeals in the cases supra, the statute requires the suing party, in order to make a prima-facie case, merely to prove the bell was not rung or the whistle sounded; and instead of requiring him to prove this omission of duty was the proximate cause of the injury, compels the defendant to prove it was not, if it would escape liability. Generally speaking, it is not suflicient for a plaintiff to introduce evidence that a defendant was guilty of the negligence charged, but he must go further and put in proof that the negligence caused the damage. The construction put on the statute is easy of application where there is a collision, which is probably the only sort of...show more

Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236923014
  • 9781236923011