Tanner v. Missouri Pacific Railroad
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. The court erred in refusing to sustain defendant’s demurrer to plaintiff’s evidence, offered at the close of plaintiff’s case: First. Plaintiff was not upon defendant’s depot grounds for the purpose of transacting any business with it. He was there as a runner for a hotel, solely in hia master s private business.
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Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. The court erred in refusing to sustain defendant’s demurrer to plaintiff’s evidence, offered at the close of plaintiff’s case: First. Plaintiff was not upon defendant’s depot grounds for the purpose of transacting any business with it. He was there as a runner for a hotel, solely in hia master s private business. He was there in defiance of the rules, regulations and orders of the defendant, and was therefore a trespasser, and defendant was not bound to be on the lookout for him. Post v. Railroad, 23 S. W. 708; Elliott on…
1Opinion of the CourtBrace, P. J.
This is an appeal by the defendant from a judgment of the circuit court of Pettis county in favor of the plaintiff for' the sum of seven thousand dollars, for personal injuries, which, it is alleged in the petition, was caused by the negligence of the plaintiff in running its train at a rate of speed in excess of that allowed by city ordinance and without ringing its bell. The answer was a general denial, and a plea of con-*503tributary negligence. At tbe close of plaintiff’s evidence, the defendant demurred thereto, and at the close of all the evidence renewed its demurrer, and now insists that…
2Cases cited1 opinion
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
3Cited by22 opinions
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Lang v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- Sepetowski v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Sharp v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
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