Skiles v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — No». J. 0. Sheppard, Judge. (1) Plaintiff’s instructions were erroneous in declaring it to be the duty of defendant to furnish a roadbed, etc., safe, “so far as human skill, diligence and foresight could provide.” No such duty was. imposed by the law. Magrane v. Railroad, 183 Mo. 119; Freeman v. Railroad, 95 Mo. App. 100; Robinson v. Railroad, 103 Mo.
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Appeal from Butler Circuit Court. — No». J. 0. Sheppard, Judge. (1) Plaintiff’s instructions were erroneous in declaring it to be the duty of defendant to furnish a roadbed, etc., safe, “so far as human skill, diligence and foresight could provide.” No such duty was. imposed by the law. Magrane v. Railroad, 183 Mo. 119; Freeman v. Railroad, 95 Mo. App. 100; Robinson v. Railroad, 103 Mo. App. 100; Dougherty v. Railroad, 97 Mo. 647; Peary v. Railroad, ,162 Mo. 75; Schafer v. Railroad, 128 Mo. 64; Smith v. Railroad, 108 M'o. 243. (2) The petition averred that the injury occurred on account of…
1Opinion of the Court
BLAND P. J.
On December 12, 1906, plaintiff, a lady sixty years of age, boarded one of defendant’s passenger trains, traveling south, at Williamsville, Missouri, and paid the conductor her fare ($10.33) to Texarkana, Texas, the point of her destination. At about eight-thirty o’clock p. m., south of Poplar Bluff, in Butler county, the chair car in which plaintiff was riding left the track and turned over, causing injuries to plaintiff’s left hand and to her face. The action is to recover for these injuries. Plaintiff recovered judgment for $2,500, from which defendant appealed. After stating…
2Cases cited12 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Magrane v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
- Cass County v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1905
- Holloway v. Dwelling-House InsuranceMissouri Court of Appeals · 1892
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3Cited by1 opinion
- McKenzie v. United Railways Co.Missouri Court of Appeals · 1914