Wait v. Omaha, Kansas City & Eastern Railroad
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — Hon. Jno. P. Butler, J udge. (1) The obligation of the carrier begins with the reception of the passenger.
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Appeal from Sullivan Circuit Court. — Hon. Jno. P. Butler, J udge. (1) The obligation of the carrier begins with the reception of the passenger. State v. Blunt, 110 Mo. 322. (2) If a railroad company admits a person into a caboose attached to one of its freight trains, to be transported as a passenger, it incurs the same liability for his safety as though he had taken passage on one of its regular passenger coaches; and it is its duty to so run and manage its trains and so handle its passengers that no one shall be injured by its own negligence. Eailroad v. Doane, 1 L. E. A. 157; Eailroad v.…
1Opinion of the CourtBrace, P. J.
This is an action for personal injuries in which, at the close of the evidence, the court sustained a demurrer thereto, and instructed the jury to return a verdict for the defendant. Erom the judgment on the verdict returned in pursuance of such instruction the plaintiff appeals. The only question in the case is whether the court erred in sustaining the demurrer.
The material evidence in the record on which this question must be determined is as follows:
' The plaintiff who is six feet one inch tall and weighs from 220 to 225 pounds, and who was forty-one years old at the time of the trial,…
2Cases cited8 opinions
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- Ohio & Mississippi R. W. Co. v. DickersonIndiana Supreme Court · 1877
- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
- Wagner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Wampler v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1916
- Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Patrum v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Hedrick v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- St. Louis & S. F. Ry. Co. v. GosnellSupreme Court of Oklahoma · 1909
11 more not listed; retrieve them via the Exa API.