Bryan v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jades on Circuit Court. — Hon. James H. Slover, Judge. The case is stated in the opinion. (1) The court erred in giving the plaintiff’s instructions, which ignored the fact that the plaintiff was a gratuitous passenger, riding on a pass which stipulated that she assumed all risk from accident and danger to her person.
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Appeal from Jades on Circuit Court. — Hon. James H. Slover, Judge. The case is stated in the opinion. (1) The court erred in giving the plaintiff’s instructions, which ignored the fact that the plaintiff was a gratuitous passenger, riding on a pass which stipulated that she assumed all risk from accident and danger to her person. This fact appeared in appellee’s proof, and the court erred in instructing the jury that the fact that she was a gratuitous passenger did not affect the issues in the case, and was no defense. McCawley v. Railroad, L. R. 8 Q. B. 57; Hall n. Railroad, L. R. 10 Q. B.…
1Opinion of the CourtRamsay, J.
— The plaintiff brings this action to recover damages for injuries alleged to have been occasioned to her person by the negligence of the defendant. The petition contains two counts, in the first of which it is stated that the injuries were caused by reason of the negligent, unsafe and dangerous condition of the defendant’s roadbed and track, and by reason of the negligent, unsafe and careless manner in which defendant’s train, in which plaintiff was a passenger, was operated; and in the second it is alleged that plaintiff received further injuries by reason of the fact that the defendant…
2Cases cited24 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
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3Cited by4 opinions
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Atkinson v. Pacific Railway Co.Court of Appeals of Kansas · 1901
- Pennsylvania Co. v. PurvisAppellate Court of Illinois · 1906
- Van Zant v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1921