Clair v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hour. James II. Slover, Judge.' Statement of case by the court. ■ This is an action for personal injuries received by plaintiff while a passenger on one of defendant’s passeiu ger trains.
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Appeal from Jackson Circuit Court, Hour. James II. Slover, Judge.' Statement of case by the court. ■ This is an action for personal injuries received by plaintiff while a passenger on one of defendant’s passeiu ger trains. The petition, after making the usual averments as to defendant being a railroad corporation, and a common carrier of passengers, the minority of the plaintiff, and the appointment of his mother as his next friend, stated that the defendant was, at the time in question, running a train • of cars between Pleasant Fill and Independence; that, on or about the fourth day of…
1Opinion of the CourtPhilips, P. J.
I. The instruction given on behalf of the plaintiff is objected to because it told the jury to find for the plaintiff if he “ was forced or compelled” to jump from the train. The objection is lodged against the use of the word, “forced,” when the petition only employed the word, “compelled.” The criticism isr that the word, “forced,” implies the exercise of a power not resistible, while the word, “compelled,” used in that connection in the disjunctive, was likely to convey to the mind of the jury the impression that something less than physical force, such as mere moral force or persuasion,…
2Cases cited5 opinions
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- McMurdock v. KimberlinMissouri Court of Appeals · 1886
- Woods v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1872
- Herriman v. Chicago & Alton RailroadMissouri Court of Appeals · 1887
3Cited by4 opinions
- City of Columbus v. OgletreeSupreme Court of Georgia · 1897
- State ex rel. Savings Trust Co. v. HallenMissouri Court of Appeals · 1912
- Schultze v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Dyer v. CowdenMissouri Court of Appeals · 1913