Straus v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. (1) The court erred in giving plaintiff’s first instruction. The fact that the company has been guilty of negligence, followed by an injury, does not make it liable, unless the injury was occasioned by that negligence. Harlan v. By. Co., 65 Mo. 25. It affirmatively declared that plaintiff was entitled to “a reasonable time to pass-from his seat in the car to the station platform.”
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Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. (1) The court erred in giving plaintiff’s first instruction. The fact that the company has been guilty of negligence, followed by an injury, does not make it liable, unless the injury was occasioned by that negligence. Harlan v. By. Co., 65 Mo. 25. It affirmatively declared that plaintiff was entitled to “a reasonable time to pass-from his seat in the car to the station platform.” This-was not warranted by the law or the facts. Imhoff r. By. Co., 20 Wis. 344; Straits v. By. Co., 75 Mo. 191. The instruction ignored the question…
1Opinion of the CourtNorton, J.
— This cause is before us for the second time on defendant’s appeal from a judgment of the circuit court of Buchanan county. Plaintiff, who was a passenger on defendant’s train, destined for Pickering, a station of its road, sued to recover damages for injuries sustained by him, by reason of the alleged negligent failure of defendant to stop its train a sufficient length of time at said station to enable him to get off at said station, and in prematurely starting the train while he was in the act of alighting, whereby he was thrown between the cars and platform of the depot and injured.
The…
2Cases cited2 opinions
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- State v. HamiltonSupreme Court of Missouri · 1874
3Cited by9 opinions
- Montgomery & Eufaula Railroad v. StewartSupreme Court of Alabama · 1890
- Birmingham Union Railway Co. v. SmithSupreme Court of Alabama · 1890
- May v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1920
- Gidionsen v. Union Depot RailroadSupreme Court of Missouri · 1895
- Kern v. U. Rys. Co. of St. LouisMissouri Court of Appeals · 1924
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