Fulks v. St. Louis & San Francisco Railway
Supreme Court of Missouri
Appeal from Jasper Circuit Cowrt. (1) The plaintiff had a ticket, was on defendant’s premises and platform, ready to take its train which carried passengers. He was a passenger. Patterson on Railway Accident Law, pp. 212, 213; 2 Wait’s Actions. & Defenses, 65; 2 Redfield on Railways, 303, note “c,” and cases cited. (2) The plaintiff had the right to be treated by the defendant as a common carrier should treat its passengers.
Read the full summary
Appeal from Jasper Circuit Cowrt. (1) The plaintiff had a ticket, was on defendant’s premises and platform, ready to take its train which carried passengers. He was a passenger. Patterson on Railway Accident Law, pp. 212, 213; 2 Wait’s Actions. & Defenses, 65; 2 Redfield on Railways, 303, note “c,” and cases cited. (2) The plaintiff had the right to be treated by the defendant as a common carrier should treat its passengers. And defendant had no. right to compel plaintiff to choose between the inconvenience of being left and lose his job, or take the-hazard or risk, if any, - of getting on…
1Opinion of the CourtBlack, J.
Plaintiff brought this suit to recover damages for injuries which he received while attempting to get on a freight train at a station called Racine, intending to go to another station called Seneca.
The petition is somewhat complicated in its averments, but we understand it to state these facts: That defendant undertook and attempted to take plaintiff on its train and carry him from Racine to Seneca, but did so negligently in this, that defendant negligently kept the train in motion while passing the station platform, and required him to get on while the same was in motion; that in making the…
2Cases cited6 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Swigert v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Schaefer v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1895
- Atchison, Topeka & Santa Fe Railway Co. v. HollowaySupreme Court of Kansas · 1905
- Bond v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1904
- Garvey v. Rhode Island CompanySupreme Court of Rhode Island · 1904
- Gunn v. United Railways Co.Supreme Court of Missouri · 1917
7 more not listed; retrieve them via the Exa API.