McLain v. St. Louis & Gulf Railway Co.
Missouri Court of Appeals
Appeal from Scott Circuit Court. — Hon. Henry G. Riley, Judge. ( A carrier is required to furnish seats to the passengers entitled to transportation, if practicable, bub the carrier has a right to assign each passenger to his position in the conveyance, in the exercise of his own discretion, with reference to the control of the vehicle. 6 Cyc.
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Appeal from Scott Circuit Court. — Hon. Henry G. Riley, Judge. ( A carrier is required to furnish seats to the passengers entitled to transportation, if practicable, bub the carrier has a right to assign each passenger to his position in the conveyance, in the exercise of his own discretion, with reference to the control of the vehicle. 6 Cyc. Law. and Proced., p. 582, par. 2, n. 72; Claypool v. McAllister, 20 111. 504; Younger v. Judah, 111 Mo. 303; Railway v. Miles, 55 Pa. 209; Bowie v. Railway, 125 Ala. 397, 50 L. R. A. 634. )And in the absence of any rule of his company to the contrary,…
1Opinion of the CourtNortoni, J.
This is an action for damages alleged to have accrued to plaintiff while a passenger on *735defendant’s train, and resulting from an assault made upon him by the conductor. The evidence tended to prove that plaintiff took passage on defendant’s regular passenger train at Morley, Missouri, to Crowder, a nearby station. He entered the smoker and selected the third seat from, the front of the car. It appears the backs of the second and third seats were so turned las to cause the seats to face each other and the conductor’s small hand-grip was setting in the second seat. Although plaintiff had no…
2Cases cited11 opinions
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- McGinnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Railroad v. TurnerTennessee Supreme Court · 1898
- Eads v. Metropolitan Railway Co.Missouri Court of Appeals · 1891
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