Turner v. McCook
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. Ralph Loziee, Special Judge. (1) The conductor was not bound to stop the train at Hardin even though an agent of the company, with authority so to do, had directed plaintiff to the train as one that would stop at that place. Sira v. Railroad, 115 Mo. 127; Logan v. Railroad, 77 Mo. 663; Marshall v. Railroad, 78 Mo. 610; Jackson v. Railway, 118 Mo. 199; Railroad v. Pierce, 3 Am. & Eng.
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Appeal from the Carroll Circuit Court. — Hon. Ralph Loziee, Special Judge. (1) The conductor was not bound to stop the train at Hardin even though an agent of the company, with authority so to do, had directed plaintiff to the train as one that would stop at that place. Sira v. Railroad, 115 Mo. 127; Logan v. Railroad, 77 Mo. 663; Marshall v. Railroad, 78 Mo. 610; Jackson v. Railway, 118 Mo. 199; Railroad v. Pierce, 3 Am. & Eng. R. R. Cases, 340; Railroad v. Gants, 38 Kan. 608; Wood’s Railway Law, sec. 355. (2) If the conductor acted in good faith, with no malice toward plaintiff, and used…
1Opinion of the CourtSmith, P. J.
This is an action which was commenced before a justice of the peace. The statement, amongst other allegations, contained the following:
“Plaintiff states that on said 7th day of November, 1895, at the railroad depot of the defendants at Carroll-ton, Missouri, he purchased from defendants’ station agent, a first-class ticket which was duly and officially stamped by said agent and which entitled him to passage as a passenger, over said railroad from said town of Carrollton, to said town of Hardin; that he purchased the same for passage on defendants’ west bound passenger train No. 1, which…
2Cases cited4 opinions
- Chicago, St. Louis & Pittsburgh Railroad v. BillsIndiana Supreme Court · 1885
- Ohio & Mississippi R. W. Co. v. HattonIndiana Supreme Court · 1877
- Sira v. Wabash RailroadSupreme Court of Missouri · 1893
- Marshall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
3Cited by7 opinions
- Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913
- Crutcher v. Big FourMissouri Court of Appeals · 1908
- Drew v. Wabash RailroadMissouri Court of Appeals · 1908
- Todd v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1907
- Head v. PowellMissouri Court of Appeals · 1922
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