Legal Opinion

Jackson v. St. Louis, Iron Mountain & Southern Railway Co.

Missouri Court of Appeals

Decided February 28, 1888PublishedCited by 2 opinions

Appeal from the Jefferson Circuit Court, Hon. John L. Thomas, Judge. Mrs. Jackson’s conduct in attempting to leave the coach after she knew the train was again in motion, by passing to the outside and stepping off, was prima-facie negligence directly contributing to the injuries complained of. Ganet n. Railroad, 16 Gray, 501; Lucas n. Railroad, 6 Gray, 64; Nelson n. Railroad, 68 Mo. 593 ; Railroad n. Aspel, 23 Pa. St. 147; Morrison n. Railroad, 56 N. Y. 302; Fleming n.

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Appeal from the Jefferson Circuit Court, Hon. John L. Thomas, Judge. Mrs. Jackson’s conduct in attempting to leave the coach after she knew the train was again in motion, by passing to the outside and stepping off, was prima-facie negligence directly contributing to the injuries complained of. Ganet n. Railroad, 16 Gray, 501; Lucas n. Railroad, 6 Gray, 64; Nelson n. Railroad, 68 Mo. 593 ; Railroad n. Aspel, 23 Pa. St. 147; Morrison n. Railroad, 56 N. Y. 302; Fleming n. Railroad, 49 Cal. 253; Railroad n. Whitfield, 44 Miss. 468; Railroad v. Hazzard, 26 111. 384;, Filer n. Railroad, 49 N. Y.…

1Opinion of the CourtRombauer, J.

The plaintiff brought this action to recover damages for injuries to her person, by defendant’s negligence, while a passenger on one of defendant’s trains, and recovered judgment in the trial court. The recovery, considering the extent of the injuries, is moderate.

The negligence charged consists in the fact that the defendant’s agents did not stop the train for a sufficient length of time to enable her to alight in safety at one of the regular stations for which plaintiff was a passenger, in consequence whereof the plaintiff, while attempting to alight, was precipitated to the ground by the…

2Cases cited8 opinions

  1. Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
  2. Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
  3. Boatmen's Savings Bank v. OverallMissouri Court of Appeals · 1885
  4. Wyatt v. Citizens Railway Co.Supreme Court of Missouri · 1874
  5. State v. ShockSupreme Court of Missouri · 1878

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

3Cited by2 opinions

  1. Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910
  2. Duggan v. Wabash Western Railway Co.Missouri Court of Appeals · 1891

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