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Starks v. Lusk

Supreme Court of Missouri, In Banc
Dec 22, 1919
216 S.W. 1119 (Mo. 1919)

Summary

In Starks v. Lusk, 194 Mo. App. 250, the plaintiff's husband was killed by reason of a freight train running over him, while backing over a trestle.

Summary of this case from Bailey v. C.B. Q. Railroad Co.

Opinion

December 22, 1919.

The majority opinion of the Springfield Court of Appeals, 187 S.W. 586, affirming the judgment in this case, is approved.

Appeal from Stoddard Circuit Court. — Hon. W.S.C. Walker, Judge.

AFFIRMED.


This case is fully stated and elaborately discussed in the majority and dissenting opinions of the Springfield Court of Appeals (187 S.W. 586 et seq).

After a careful examination of the facts as shown in the record, we are satisfied that a correct conclusion was reached in the majority opinion. We therefore approve the majority opinion of the Springfield Court of Appeals.

The judgment of the circuit court is, therefore, affirmed. It is so ordered. All concur, except Goode and Graves, JJ., who dissent; Woodson, J., absent.


Summaries of

Starks v. Lusk

Supreme Court of Missouri, In Banc
Dec 22, 1919
216 S.W. 1119 (Mo. 1919)

In Starks v. Lusk, 194 Mo. App. 250, the plaintiff's husband was killed by reason of a freight train running over him, while backing over a trestle.

Summary of this case from Bailey v. C.B. Q. Railroad Co.

In Starks v. Lusk et al., 194 Mo. App. 250, 187 S.W. 586, defendants' liability was based on the humanitarian doctrine in that defendants failed to have any person at the rear of the train while backing to keep a lookout for or to warn persons of danger, or cause the train to stop after seeing a person in peril.

Summary of this case from Moffatt v. Link
Case details for

Starks v. Lusk

Case Details

Full title:HENRY LOUISA STARKS v. JAMES W. LUSK, et al., Appellants

Court:Supreme Court of Missouri, In Banc

Date published: Dec 22, 1919

Citations

216 S.W. 1119 (Mo. 1919)
216 S.W. 1119

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