Legal Opinion

O'Donnell v. Kansas City, St. Louis & Chicago Railroad

Supreme Court of Missouri

Decided June 19, 1906PublishedCited by 9 opinions

Appeal from Jackson Circuit Court. — No». W. B. Teasdcde, Judge. The peremptory instructions for defendant should have been given.

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Appeal from Jackson Circuit Court. — No». W. B. Teasdcde, Judge. The peremptory instructions for defendant should have been given. Snyder v. Railroad, 60' Mo. • 413; Stringer v. Railroad, 96 Mo. 299. It is the settled law everywhere that where a party knowingly connives with the trainmen to secure a free ride, and thus intentionally defrauds the railway company of its customary charges, such person acquires none of the rights of a passenger, but is a trespasser, or at best, a bare licensee, to whom no duty is owed except to refrain from willful or intentional injury. Berry v.. Railroad, 124…

1Opinion of the CourtValliant, J.

Plaintiff recovered a judgment for $2,500 as damages for injuries sustained by him in a train wreck on defendant’s road. The trains in the wreck belonged to the Chicago & Alton Railway Com*113pany, the lessee of the defendant’s railroad. The appeal was taken by the defendant to this court because there is a constitutional question in the case, that is, the defendant, the lessor, contends that so much of section 1060', Revised Statutes 1899-, on which this suit is founded, which declares that the owner of a railroad in this State which leases its road to a corporation of another State “shall…

2Cases cited4 opinions

  1. Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
  2. Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
  3. Reynolds v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  4. Markey v. Louisiana & Missouri River RailroadSupreme Court of Missouri · 1904

3Cited by9 opinions

  1. McClanahan Ex Rel. McClanahan v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
  2. Giles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
  3. Usher v. Western Union Telegraph Co.Missouri Court of Appeals · 1906
  4. Youmans v. Wabash RailroadMissouri Court of Appeals · 1910
  5. Graves v. Missouri Pacific RailroadSupreme Court of Missouri · 1938

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