Carr v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Row. Jno. W. McElhi/mey, Judge. (1) If the tracks or roadbed of a railroad company are used, and have for a long time been used, by the public as a footway, with the knowledge of, and without objection from, the company, one in so using such roadbed would not be a trespasser.
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Appeal from St. Louis County Circuit Court. — Row. Jno. W. McElhi/mey, Judge. (1) If the tracks or roadbed of a railroad company are used, and have for a long time been used, by the public as a footway, with the knowledge of, and without objection from, the company, one in so using such roadbed would not be a trespasser. Le May v. Railroad, 105 Mo. 370; Lynch v. Railroad, 111 Mo. 609; Morgan v. Railroad, 159 Mo. 279'. The statute (sec. 1105) implies that one may walk on the tracks of a railroad on “a publicly-traveled road.” (2) The company owes it as a duty even to trespassers to take…
1Opinion of the CourtBurgess, P. J.
— -This is an action for damages in the sum of ten thousand dollars for personal injuries *217alleged to have been sustained by plaintiff by reason of the negligence of defendant. The petition alleges that the public and plaintiff were for a long time accustomed to use as a footway, with the knowledge and consent of defendant, a certain part of its roadbed in the city of Webster Groves, in St. Louis county; that plaintiff, while walking upon that part of defendant’s right of way or roadbed, was struck by a piece of brake-shoe flying from a car of a passing train of defendant; that the said…
2Cases cited13 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Cusick v. . AdamsNew York Court of Appeals · 1889
- Davis v. Central Congregational Society of Jamaica PlainMassachusetts Supreme Judicial Court · 1880
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Muse v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1908
- Thompson v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1912
- Hicks v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1919
- Forsythe v. Shryack-Thom Grocery Co.Supreme Court of Missouri · 1920
15 more not listed; retrieve them via the Exa API.