Legal Opinion

Harless v. Southwest Missouri Electric Railway Co.

Missouri Court of Appeals

Decided February 4, 1907PublishedCited by 13 opinions

Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) Plaintiff was not a passenger and defendant’s employees had the right to put her off, haying gotten on the car without any money to pay her fare and without intention of paying fare.

Read the full summary

Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) Plaintiff was not a passenger and defendant’s employees had the right to put her off, haying gotten on the car without any money to pay her fare and without intention of paying fare. In Holt v. Railroad, 174 Mo. 529, it is said: “A passenger is one who enters the vehicle of a carrier with the intention of paying in money the usual fare for his transportation, or who is supplied with a ticket or pass, entitling him to ride to a given point.” Woods v. Railroad, 48 Mo. App. 333; Reynolds v. Transit Co., 88 S. W. 50; O’Donnell v.…

1Opinion of the CourtEllison, J.

This action is to recover damages from the defendant. The plaintiff prevailed in the trial court.

*26It appears that defendant is an electric railway which is operated through and between cities, towns and villages in southwest Missouri and over the state line into Kansas. It answers to the purpose of a street railway in the cities, towns and villages and a suburban railway between them. Plaintiff was a small child six years of age and her cousin, a young woman, put her on one of defendant’s cars (in charge of the conductor) at Ninth and Mineral streets, in Galena, a town in Kansas near the state…

2Cases cited9 opinions

  1. Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
  2. Deming v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1899
  3. Hallihan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
  4. Strange v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
  5. Smith v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Sandler v. SchmidtSupreme Court of Missouri · 1953
  2. Jeppsen v. JensenUtah Supreme Court · 1916
  3. Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
  4. Brisboise v. Kansas City Public Service Co.Supreme Court of Missouri · 1957
  5. Crutcher v. Big FourMissouri Court of Appeals · 1908

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API