Spohn v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The petition does not state a canse of action-Not one single or aggressive act upon the part of any one toward the respondent is charged in the petition, no assault, no attempt or effort to make an assault and no imminent danger or peril of an assault.
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Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The petition does not state a canse of action-Not one single or aggressive act upon the part of any one toward the respondent is charged in the petition, no assault, no attempt or effort to make an assault and no imminent danger or peril of an assault. (2) Conceding' the truth of the facts as stated by respondent, so utterly improbable as they -are, so entirely barren of motive- and provocation, the demurrer to the evidence should have been sustained, because the respondent’s leaping from the train was not the natural, usual,…
1Opinion of the CourtBlack, J.
The defendant appealed from a judgment of eight thousand dollars in favor of the plaintiff. The substance of the complaint is, that while plaintiff was a passenger on one of the defendant’s trains, certain other persons, passengers on the same train, and the conductor, pretended and said to him and in his hearing that they intónded to tie him with straps, rob him of his money and throw him out of the car while in motion, thus working upon his mind until he became frightened, believed, and had good reason to believe, they would commit the threatened violence, and to save his life, he jumped…
2Cases cited7 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- New Orleans, St. Louis & Chicago Railroad v. BurkeMississippi Supreme Court · 1876
- Baker v. StonebrakerSupreme Court of Missouri · 1865
- Sherley v. BillingsCourt of Appeals of Kentucky · 1871
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3Cited by56 opinions
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Clark v. Atchison & Eastern Bridge Co.Supreme Court of Missouri · 1933
- May v. CrawfordSupreme Court of Missouri · 1899
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
51 more not listed; retrieve them via the Exa API.