Furnish v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. D. A. FeArmond, Judge. This was an action brought by Martlia A. Furnish, being joined therein by her hnsband, to recover of defendant damages for injuries sustained by her while a passenger on one of defendant’s cars.
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Appeal from Bates Circuit Court. — Hon. D. A. FeArmond, Judge. This was an action brought by Martlia A. Furnish, being joined therein by her hnsband, to recover of defendant damages for injuries sustained by her while a passenger on one of defendant’s cars. It appeared in evidence that on the sixth of February, 1886, she took passage on an accommodation train consisting of a locomotive and tender, a baggage car and two passenger coaches at Independence, Missouri, intending to go to Kansas City. When the train arrived within a mile and a half of Kansas City the locomotive and all the cars left…
1Opinion of the CourtBarclay, J.
— It is conceded by defendant that the case made by plaintiff entitled her to its submission to the jury, and no question of her contributory negligence was raised at any time. The exceptions now urged are only those bearing on the correctness of the instructions and on the amount of plaintiff ’ s damages.
*450I. Defendant’s chief objection is to the rulings of the trial court, marking the degree of care to be maintained by it as a carrier of passengers.
It should first be noted that the instruction, given (of its own motion) by the court, defined the care required of defendant toward passengers as…
2Cases cited11 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- McCloskey Ex Rel. McCloskey v. KoplarSupreme Court of Missouri · 1932
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
50 more not listed; retrieve them via the Exa API.