Dougherty v. Kansas City & Independence Rapid Transit Railway
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. Soarritt, Judge. (1) The measure of care required of defendant in this case, as to the steps and other means of egress from its cars, was ‘ ‘such care only as a prudent person would exercise under like circumstances and in view of the danger.to be apprehended.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. E. L. Soarritt, Judge. (1) The measure of care required of defendant in this case, as to the steps and other means of egress from its cars, was ‘ ‘such care only as a prudent person would exercise under like circumstances and in view of the danger.to be apprehended. Sargent v. Railroad, 114 Mo. 348; Hutchinson on Carriers, sec. 521 a-, Kelly v. Railroad, 112 N. Y. 443. And the same doctrine is announced in the first three instructions, given at the request of plaintiff. “A party is bound by tbe theory of his case presented by the instructions given at…
1Opinion of the Court
Robinson, J. —
This case is here on an appeal by ■defendant from the order of the trial court setting aside a verdict and judgment, and granting to plaintiff a new trial, for alleged errors against the right of plaintiff in the giving of instructions.
*36The action was brought by plaintiff to recover damages from defendant for negligence which resulted to his injury while a passenger on one of its trains, in alighting at the town of Independence. The alleged negligence consisted in not providing necessary lights at said town and in not .providing “safe steps or platform for egress from its trains…
2Cases cited2 opinions
- Hill v. Portland & Rochester RailroadSupreme Judicial Court of Maine · 1867
- Humbird v. Union Street Railway Co.Supreme Court of Missouri · 1892
3Cited by9 opinions
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- McGovern v. Inter Urban Railway Co.Supreme Court of Iowa · 1907
- Joyce v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Creason v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1910
- Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.