Riley v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. ■ (1) It stands admitted both, in plaintiff’s petition and instructions that plaintiff was a trespasser, and it therefore follows that the defendant’s servants in charge of the engine which injured him owed him but one duty, namely, not to wantonly or purposely run over him, and to use reasonable care and effort not to injure him after they saw him in a position of danger.
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Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. ■ (1) It stands admitted both, in plaintiff’s petition and instructions that plaintiff was a trespasser, and it therefore follows that the defendant’s servants in charge of the engine which injured him owed him but one duty, namely, not to wantonly or purposely run over him, and to use reasonable care and effort not to injure him after they saw him in a position of danger. Barker v. R’y, 98 Mo. 50, and authorities cited by Judge Black on page 53; Williams v. R’y, 96 Mo. 275; Rinev. R’y, 88 Mo. 392; Karris v. R’y, 40 Mo. App.…
1Opinion of the CourtSmith, P. J.
The plaintiff, an infant ten years old, by his next friend, brought this action against the defendant to recover damages for personal injuries caused by the negligence of the latter. ,The specific acts of negligence alleged in the petition were in substance these: First. That defendant negligently ran and managed two locomotives running east in the said yards, by unnecessarily and negligently allowing steam to escape from their sides. Second. That the defendant’s employees in charge of said engines negligently omitted to shut off said steam when they saw that it frightened plaintiff and he…
2Cases cited15 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
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3Cited by7 opinions
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Gesas v. Oregon Short Line R.Utah Supreme Court · 1907
- Kelley v. Parker-Washington Co.Missouri Court of Appeals · 1904
- Carney v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1929
- Thompson v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.