Mitchell v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in refusing the peremptory instructions asked by defendant, (a) The danger of alighting from a moving car was a matter coucerning. which the plaintiff’s knowledge was equal to that of the foreman, and if it was negligent to order him to alight, it was contributory negligence on his part to alight.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in refusing the peremptory instructions asked by defendant, (a) The danger of alighting from a moving car was a matter coucerning. which the plaintiff’s knowledge was equal to that of the foreman, and if it was negligent to order him to alight, it was contributory negligence on his part to alight. Hurst v. Railroad, 163 Mo. 309, 63 S. W. 695; Hill v. Drug Co., 140 Mo. 433, 41 S. W. 909; Roberts v. Telephone Co., 166 Mo. 379, 66 S. W. 155; Beach on Contributory Negligence (3 Ed.), secs. 358, 359 and 360;…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. On the rehearing of this case (one having been granted) defendant’s counsel strenuously and ably argues that the evidence of plaintiff failed to make out a prima facie case and for this reason he should have been non-suited. This argument is predicated on the doctrine established in this State by a number of decisions by the appellate courts, that it is not negligence per se for one to step off á slowly moving train and, hence, if Lewis ordered plaintiff, to get off the car while it was moving slowly, it does not- follow that the order was negligently given.…
2Cases cited9 opinions
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Burnett v. McClueySupreme Court of Missouri · 1887
- Mason v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1898
- Pryor v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1900
- De Donato v. MorrisonSupreme Court of Missouri · 1901
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3Cited by3 opinions
- Griffith v. GardnerSupreme Court of Missouri · 1949
- Wallower v. City of Webb CityMissouri Court of Appeals · 1913
- Saeger v. Wabash RailroadMissouri Court of Appeals · 1908