Hufft ex rel. Hufft v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Laclede Circuit Court. — Ron. L. B. Woodside, Judge. (1) Defendant’s instruction in the nature of a demurrer should have been given and the case taken from the jury, (a) Because plaintiff was a trespasser in defendant’s private switchyards.
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Appeal from Laclede Circuit Court. — Ron. L. B. Woodside, Judge. (1) Defendant’s instruction in the nature of a demurrer should have been given and the case taken from the jury, (a) Because plaintiff was a trespasser in defendant’s private switchyards. R. S. 1899, sec. 1105; Jackson v. Railroad, 157 Mo. 621. (b) Defendant’s engineer had a right to presume that he had a clear track and that the- yard would be clear of trespassers while he was doing the switching therein, and was not responsible to plaintiff, who was a trespasser, for failure to be on the alert to discover him. Callahan v.…
1Opinion of the CourtGraves, J.
This is an action for personal injuries brought by Opal Hufft, a minor fifteen years old at date of accident, by his next friend, John Hufft, to recover of the defendant the sum of $20,000 for injuries alleged to have been received through the negligence of the defendant. The petition is in two counts.
*291On the night of June 23, 1905, at about 9 o’clock p. m., plaintiff, in company with another boy, was crossing the switchyards of the defendant in the city of Lebanon, Missouri, and caught his right foot in the frog of a switch, and while he was so fastened a backing train, then switching in said…
2Cases cited6 opinions
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Louisville, New Albany & Chicago Railway Co. v. PhillipsIndiana Supreme Court · 1887
- Akers v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1894
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Wells v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- First National Bank of Fort Smith v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1993
- Crossno v. Terminal Railroad Assn.Supreme Court of Missouri · 1933
- Schaaf v. St. Louis Basket & Box Co.Missouri Court of Appeals · 1910
- Beard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1917
- Henry v. Disbrow Mining Co.Missouri Court of Appeals · 1910
7 more not listed; retrieve them via the Exa API.