Green v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Hon. James E. Hazell, Judge. (1) There was no delay, since the car in which the plaintiff elected to travel was moved according to the regular schedule for handling that business. Fetter on Carriers of Passengers, p. 296. ,(2) The. alleged delay did not cause the injury complained of. (3) The defendant was not required to provide any contrivance for warming the freight car.
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Appeal from Cole Circuit Court. — Hon. James E. Hazell, Judge. (1) There was no delay, since the car in which the plaintiff elected to travel was moved according to the regular schedule for handling that business. Fetter on Carriers of Passengers, p. 296. ,(2) The. alleged delay did not cause the injury complained of. (3) The defendant was not required to provide any contrivance for warming the freight car. (4) The car was not locked and sealed and plaintiff was not detained therein. He was at liberty to leave the car at any time and if he sustained any injury from remaining therein, it Avas…
1Opinion of the CourtEllison, J.
The plaintiff brought the present action to recover damages on account of being negligently delayed on one of defendant’s trains, whereby he was exposed in one of defendant’s cars to extremely cold weather during a night in January, 1902. He recovered judgment in the trial court.
It appears that plaintiff, a man sixty-six years old, in company with his wife, was travelling in a vehicle drawn by two horses from the northern part of the State to his home in Camden county, south of the Missouri river. That he arrived near that stream at a place on defendant’s line of railway called Estill in the…
2Cases cited12 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
- Heirn v. M'CaughanMississippi Supreme Court · 1856
- Williams v. . VanderbiltNew York Court of Appeals · 1863
- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
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