Dorsey v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from the Clark Circuit Court. — Hon. Edwin B. McKee, Judge. (1) Dangers are greater on freight than on passenger trains; when, therefore, a person chooses to ride on a freight train he must not only use a greater degree of care, but is also held to acquiesce in the usual incidents of travel by that mode; and the injuries resulting from jarring and jolting of a train of that kind do not of themselves furnish a cause of action, when unavoidable, even with careful…
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Appeal from the Clark Circuit Court. — Hon. Edwin B. McKee, Judge. (1) Dangers are greater on freight than on passenger trains; when, therefore, a person chooses to ride on a freight train he must not only use a greater degree of care, but is also held to acquiesce in the usual incidents of travel by that mode; and the injuries resulting from jarring and jolting of a train of that kind do not of themselves furnish a cause of action, when unavoidable, even with careful management of the train. Harris v. Railroad, 89 Mo. 233; Smotherman v. Railroad, 29 Mo. App. 265; McGee v. Railroad, 92 Mo.…
1Opinion of the CourtBland, P. J.
The petition alleges in substance that on June 8, 1896, the plaintiff took passage from Gorin in Scotland county to Medill in Clark county, Missouri, in a car attached to one of defendant’s freight trains being used for the purpose of carrying freight and passengers; that when the train reached Medill on said day and was stopped by the engineer in charge of the locomotive hauling the train, to let plaintiff out of said car and off the train, said engineer so carelessly and negligently stopped said locomotive and train and ear in which plaintiff was sitting, that plaintiff was jostled and…
2Cases cited6 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Guffey v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1893
- Harris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
- Ickenroth v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Ray v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1910
- Hoffman v. GillMissouri Court of Appeals · 1903
- Otto Kuehne Preserving Co. v. AllenCourt of Appeals for the Eighth Circuit · 1906
6 more not listed; retrieve them via the Exa API.