Hickman v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. H. B. Shain. Judge. (1) Plaintiff was clearly guilty of contributory negligence. A passenger, who, without being familiar with the railroad station, walks around the platform in the dark without any precaution to avoid a fall, is guilty of contributory negligence, barring recovery for injuries caused in a fall from the unlighted and unguarded platform.
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Appeal from Pettis Circuit Court. — Hon. H. B. Shain. Judge. (1) Plaintiff was clearly guilty of contributory negligence. A passenger, who, without being familiar with the railroad station, walks around the platform in the dark without any precaution to avoid a fall, is guilty of contributory negligence, barring recovery for injuries caused in a fall from the unlighted and unguarded platform. Stamp v. Railroad (Tex. 1913), 161 S. W. 450; Railroad v. Turley, 85 Fed. 369; Railroad v. Grubbs, 67 S. W. 519; Archer v. Railroad, 110 Mo. App. 349. (2) Defendant had the right to arrange its stations,…
1Opinion of the CourtEllison, P. J.
Plaintiff’s action is for personal injury received by falling from defendant’s station platform at tbe village of McBaine. He obtained judgment for $200 in the trial court.
Plaintiff took passage on defendant’s road at Columbia, bound for Sedalia and it became necessary to change cars at McBaine, where he arrived after dark. He, with a number of others, alighted at the latter place. It appears that he did not get out of the car imniediately at the platform or the station building and that he did not go to the front of building at all. But desiring to urinate, instead of inquiring for the…
2Cases cited3 opinions
- L. & N. R. R. v. TurnerCourt of Appeals of Kentucky · 1910
- Gunderman v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1894
- Stamp v. Eastern Ry. Co. of New MexicoCourt of Appeals of Texas · 1913
3Cited by4 opinions
- Shute v. Prom Motor Hotel, Inc.Missouri Court of Appeals · 1969
- Carr v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1916
- Hines v. HadnotCourt of Appeals of Texas · 1920
- Shute v. Prom Motor Hotel, Inc.Missouri Court of Appeals · 1969