Moss v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Morgan Circuit Court. — Eon. William E. ■ „ Martin, Judge. (1) Plaintiff seems to forget that this is but a simple action for an alleged failure, to keep' and carry out the terms of a contract of carriage. Deming v. Railroad, 80 Mo. App. 152; Marshall v. Railroad, 78 Mo. 610; Francis v. Transfer Co., 5 Mo. App. 7; Strange v. Railroad, 61 Mo. App. 586; Rawlings v. Railroad, 97 Mo. App. —; Connell y. Telegraph Co., 116 Mo. 34; Shellabarger v. Morris, 115 Mo.
Read the full summary
Appeal from Morgan Circuit Court. — Eon. William E. ■ „ Martin, Judge. (1) Plaintiff seems to forget that this is but a simple action for an alleged failure, to keep' and carry out the terms of a contract of carriage. Deming v. Railroad, 80 Mo. App. 152; Marshall v. Railroad, 78 Mo. 610; Francis v. Transfer Co., 5 Mo. App. 7; Strange v. Railroad, 61 Mo. App. 586; Rawlings v. Railroad, 97 Mo. App. —; Connell y. Telegraph Co., 116 Mo. 34; Shellabarger v. Morris, 115 Mo. App. 570. (2) The court erred in admitting testimony as to the effect upon plaintiff’s health of his walk in the mud and in…
1Opinion of the CourtEllison, J.
Plaintiff’s action is for damages resulting to him by reason of being negligently directed by defendant’s servants to get off its train at a station which was not his destination to which he had paid his fare and secured a ticket. The judgment was for plaintiff in the sum of three hundred dollars.
The evidence tended to show that plaintiff was a stranger on the line of defendant’s road and that while entitled to passage to a station called Mora, he was told by defendant’s servants to get off at a place called Dumpville, five miles distant. It was in the night and raining, and plaintiff, being…
2Cases cited3 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Robertson v. Wabash RailroadSupreme Court of Missouri · 1899
- Harmon v. DonohoeSupreme Court of Missouri · 1899
3Cited by2 opinions
- Southern Railway Co. v. PhillipsSupreme Court of Georgia · 1911
- Gulf & Ship Island Railroad v. ColeMississippi Supreme Court · 1911