Creason v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. (1) In order to justify a recovery for negligence, it must be shown that defendant owed a duty to protect plaintiff from the injury of which he complains; that the duty was not performed, and that the injury to plaintiff resulted from the failure to perform the duty. Shaw y. Goldman, 116 Mo. App. 332, 92 S. W. 165; Wheeler v. Railroad, 66 Mo. App. 260; Loehring v. Construction Co., 118 Mo.
Read the full summary
Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. (1) In order to justify a recovery for negligence, it must be shown that defendant owed a duty to protect plaintiff from the injury of which he complains; that the duty was not performed, and that the injury to plaintiff resulted from the failure to perform the duty. Shaw y. Goldman, 116 Mo. App. 332, 92 S. W. 165; Wheeler v. Railroad, 66 Mo. App. 260; Loehring v. Construction Co., 118 Mo. App. 163, 94 S. W. 747; Wencker v. Railroad, 169 Mo. 592, 70 S. W. 145; Coin y. Lounge Co., 222 Mo. 488, 121 S. W. 1. (2) Respondent’s proof…
1Opinion of the CourtCox, J.
Action for personal injuries received by plaintiff by having a finger mashed while attempting to close the door of an express car of defendant’s train. The facts out of which this action arose are substantially as follows:
Plaintiff boarded defendant’s train at a flag station named Jordan. There being no depot or station agent at this station plaintiff after having boarded the train paid his fare to the auditor to Piedmont, and went forward to the baggage car for the purpose of informing *227the baggage agent to put his baggage off at Piedmont and to pay him for the excess. After having done this…
2Cases cited6 opinions
- Loehring v. Westlake Construction Co.Missouri Court of Appeals · 1906
- Shaw v. GoldmanMissouri Court of Appeals · 1906
- Brady v. Springfield Traction Co.Missouri Court of Appeals · 1910
- Wencker v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1902
- Dougherty v. Kansas City & Independence Rapid Transit RailwaySupreme Court of Missouri · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. CarsonSupreme Court of Missouri · 1910
- Merton v. Michigan Central RailroadWisconsin Supreme Court · 1912
- Crabtree v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1925
- Spurling v. La Crosse Lumber Co.Missouri Court of Appeals · 1920
- Gould v. Maine Central Transportation Co.Supreme Judicial Court of Maine · 1939