Spohn v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon E. L. Edwards, Judge. This is an action for personal injuries to plaintiff alleged to have been suffered while a passenger on defendant’s railway.. The case was here befpre, and is reported by the same title in 87 Mo. 74. In some of its phases it is so remarkable that a somewhat full statement of it, as presented by the record of the last trial, will be given.
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Appeal from Cole Circuit Court. — Hon E. L. Edwards, Judge. This is an action for personal injuries to plaintiff alleged to have been suffered while a passenger on defendant’s railway.. The case was here befpre, and is reported by the same title in 87 Mo. 74. In some of its phases it is so remarkable that a somewhat full statement of it, as presented by the record of the last trial, will be given. The petition, after formal allegations of defendant’s incorporation and ownership of the railway on which plaintiff was hurt, alleges in substance that on March 6, 1880, he was a passenger for hire…
1Opinion of the CourtBarclay, J.
At the previous hearing in this court
the first judgment was reversed and the cause remanded for a new trial. Spohn v. Railroad, 87 Mo. 74. Since then another trial has been had accordingly, and the present record furnishes a detailed account of the last hearing in the circuit court. The facts are now presented in much more intelligible manner than on the former appeal.
I. It is urged that the petition does not state a cause of action, but we do not concur in that view.
A carrier of passengers by railroad is bound to use the utmost practicable care, not only to safely transport its passengers,…
2Cases cited1 opinion
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
3Cited by8 opinions
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Gordon v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1909
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Lige v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1918
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