Legal Opinion

Jones v. Wabash, St. Louis & Pacific Railway Co.

Missouri Court of Appeals

Decided March 23, 1885PublishedCited by 4 opinions

Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. This is an action to recover from the defendant, a railroad corporation of this state, damages for wrongfully ejecting the plaintiff from one of its freight trains on the 5fch day of August, 1881. The principal facts are, that the plaintiff resided at or near a station on defendant’s road in Livingston county, named Sampsfel.

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Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. This is an action to recover from the defendant, a railroad corporation of this state, damages for wrongfully ejecting the plaintiff from one of its freight trains on the 5fch day of August, 1881. The principal facts are, that the plaintiff resided at or near a station on defendant’s road in Livingston county, named Sampsfel. At this place defendant at one time had an agent; but long prior to the date above . named, such agent had been discontinued, and no depot.was maintained there, nor were…

1Opinion of the Court

Opinion by

Philips, P. J.

While the judgment in this case is for a trivial snm, and should, ordinarily, in the interest of peace, be endured rather than occupy the attention and valuable time of the appellate courts with a review, yet the case presents a question alike important to the public and the railroad company.

Railroad corporations, in consideration of the grant by the state of a franchise, conferring upon them valuable rights and privileges, assume certain duties and burdens to the.public and the citizen. Among these is the obligation to provide and furnish suitable cars for carrying…

2Cases cited10 opinions

  1. Chicago & Alton Railroad v. FlaggIllinois Supreme Court · 1867
  2. St. Louis & South-Eastern Railway Co. v. MyrtleIndiana Supreme Court · 1875
  3. Chicago, Burlington & Quincy Railroad v. ParksIllinois Supreme Court · 1857
  4. Dunn v. Grand Trunk Railway Co. of CanadaSupreme Judicial Court of Maine · 1870
  5. Kansas Pacific Railway Co. v. KesslerSupreme Court of Kansas · 1877

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Berry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
  2. Cross v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
  3. Burke v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
  4. Harkless v. Chicago, Rock Island & Pacific RailroadMissouri Court of Appeals · 1910

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