Everett v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. Wm. A. Davidson, Judge. (1) The notice of the railroad company posted at its station at Pacific forbidding trespassing upon its track or premises prevented any license arising from trespassing thereon.
Read the full summary
Appeal from Franklin Circuit Court. — Hon. Wm. A. Davidson, Judge. (1) The notice of the railroad company posted at its station at Pacific forbidding trespassing upon its track or premises prevented any license arising from trespassing thereon. Frye v. Railroad, 200 Mo. 403; Koegel v. Railroad, 181 Mo. 396; Hyde v. Railroad, 110 Mo. 396; Pulley v. Railroad, 94 Iowa 567. (2) Before the duty can be imposed upon the railroad company to exercise ordinary care to discover trespassers upon its track, it must be shown that trespassers habitually used its track, with its consent, at the hour of the…
1Opinion of the CourtWoodson, J.
This suit originated in the circuit court of Franklin county, wherein plaintiff seeks to recover the sum of $5,000 damages from the defendant for the killing of his wife, Annie Everett, at Pacific, Missouri, by the alleged negligence of its servants and employees in the operation of one of its freight trains.
The petition in substance charged:
First. That the railroad track of defendant, for a distance of a half mile east of the corporate limits of Pacific, on May 24, 1904, and for a long time prior thereto, had been accustomed to be used as a road and footpath to and from Pacific by…
2Cases cited17 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- McClanahan Ex Rel. McClanahan v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Bobos Ex Rel. Enders v. Krey Packing Co.Supreme Court of Missouri · 1927
- Twine v. Norris Grain Co.Missouri Court of Appeals · 1950
- Cunningham Ex Rel. Cunningham v. HayesMissouri Court of Appeals · 1971
- Cox v. Terminal Railroad Ass'n of St. LouisSupreme Court of Missouri · 1932
14 more not listed; retrieve them via the Exa API.