Randell v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. J. II. Slover, Judge. (1) The court committed error in refusing the demurrer to the evidence, and also in refusing the peremptory instruction to find for the defendant, requested at the close of all the evidence, for the reasons: First. Mrs. Randell was a trespasser and unlawfully .on the train and the defendant owed her no duty, except not to willfully or wantonly injure her, and there was no evidence of such act of the defendant.
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Appeal from Jackson Circuit Court. — Eon. J. II. Slover, Judge. (1) The court committed error in refusing the demurrer to the evidence, and also in refusing the peremptory instruction to find for the defendant, requested at the close of all the evidence, for the reasons: First. Mrs. Randell was a trespasser and unlawfully .on the train and the defendant owed her no duty, except not to willfully or wantonly injure her, and there was no evidence of such act of the defendant. Berry v. Railway, 124 Mo. 223; Farber v. Railway, 116 Mo. 81; Purple v. Railway, 51 U. S. App. 564; Lillis v. Railroad,…
1Opinion of the CourtSmith, P. J.
The petition in substance alleged that while the plaintiff’s wife, Mattie E. Randell, was a passenger in a car of one of defendant’s trains, that the conductor of that train at the city of Topeka in the State of Kansas, wrongfully, wantonly and without any just reason or excuse, and in violation of the rights of his said wife as a passenger, forcibly and violently committed an assault upon her, and with insult and injury and great unnecessary violence expelled her from the train and threw her upon the ground, in consequence of which she suffered bodily injury to her spine and limbs and great…
2Cases cited31 opinions
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- Gray v. McDonaldSupreme Court of Missouri · 1891
- Clark v. HammerleSupreme Court of Missouri · 1858
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3Cited by2 opinions
- Crutcher v. Big FourMissouri Court of Appeals · 1908
- Gates v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1907