Ephland v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) At the conclusion of the whole case, the court should have sustained defendant’s demurrer to the evidence for the following reasons: First. Plaintiff assumed the risk incident to his position, since it was more dangerous than that regularly provided for passengers, and since he took it, not from necessity, or at the request of defendant, but. for his own pleasure.
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Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) At the conclusion of the whole case, the court should have sustained defendant’s demurrer to the evidence for the following reasons: First. Plaintiff assumed the risk incident to his position, since it was more dangerous than that regularly provided for passengers, and since he took it, not from necessity, or at the request of defendant, but. for his own pleasure. Carroll v. Railroad, 107 Mo. 653; Tuley v. Railroad, 41 Mo. App. 432; Smotherman v. Railroad, 29 Mo. App. 265; Harris v. Railroad, 89 Mo. 233; Hickey v. Railroad,…
1Opinion of the CourtEllison, J.
— The plaintiff was injured by jumping from one of defendant’s caboose cars attached to a mixed train, carrying passengers and freight on defendant’s railway. He instituted this action to recover damages alleged to have resulted to him, and recovered in the trial court.
Since the verdict was for plaintiff we will state as the facts what the evidence tended to prove. He was a passenger with three others and was riding in the caboose. While the train was running at a moderately rapid rate of speed the brakeman in the car, upon a whistle signal from the engineer (though plaintiff .did not hear…
2Cases cited7 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Drinkwater v. . DinsmoreNew York Court of Appeals · 1880
- Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
- Sullivan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Lee v. Western Union Telegraph Co.Missouri Court of Appeals · 1892
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3Cited by26 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- State ex rel. Ernest Fleckenstein Brewing Co. v. District CourtSupreme Court of Minnesota · 1916
- Motts v. Michigan Cab Co.Michigan Supreme Court · 1936
- Shamp v. LambertMissouri Court of Appeals · 1909
- Chism v. CowanSupreme Court of Missouri · 1967
21 more not listed; retrieve them via the Exa API.