Ephland v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Henry Circtút Court. — Hon. James H. Lay, Judge. Certified from Kansas City Court of Appeals. (1) Plaintiff assumed the risk incident to his position, since it was more dangerous than that regularly provided for passengers, and since he took it, not from necessity, or at the request of defendant, but for his own pleasure. Carroll v. Bailroad, 107 Mo. 653; Tuley v. Bailroad, 41 Mo. App. 432; Smotherman v. Bailroad, 29 Mo.
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Appeal from Henry Circtút Court. — Hon. James H. Lay, Judge. Certified from Kansas City Court of Appeals. (1) Plaintiff assumed the risk incident to his position, since it was more dangerous than that regularly provided for passengers, and since he took it, not from necessity, or at the request of defendant, but for his own pleasure. Carroll v. Bailroad, 107 Mo. 653; Tuley v. Bailroad, 41 Mo. App. 432; Smotherman v. Bailroad, 29 Mo. App. 265; Harris v. Bailroad, 89 Mo. 233; Hickey v. Bailroad, 14 Allen, 433; Bailroad v. Hoosey, 44 Am. Rep. 120; Bailroad v. Fay, 63 Am. Dec. 329; Brown v.…
1Opinion of the CourtMacfarlane, J.
This action is for damages on account of bodily injuries sustained by plaintiff on account of the alleged negligence of defendant.
The case has been twice tried, each trial resulting in a judgment for plaintiff. On appeal the first judgment was reversed by the Kansas City court of appeals. 57 Mo. App. 147. Defendant also appealed from the second judgment to the same court, and the case was certified to this court; the opinion, which resulted in an affirmance of the judgment, and which was agreed to by a majority of the court of appeals, being deemed by one of the judges to be in conflict with…
2Cases cited2 opinions
- Ephland v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
- McPeak v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
3Cited by12 opinions
- Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
- Simpson v. WellsSupreme Court of Missouri · 1922
- Barree v. City of Cape GirardeauSupreme Court of Missouri · 1906
- Boyd v. Terminal Railroad Association of St. LouisSupreme Court of Missouri · 1956
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
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