Wagoner v. Wabash Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Eon. E. W. Johnson, Judge. (I) It is not negligence as a matter of law to pass from one coach to another, and a passenger’s motive in so doing is not material. McAffe v. Huidekoper, 9 App. D. C. 36, 34 L. R. A. 720; Marquette v. Railroad, 33 Iowa 562; Holland v. Railroad, 105 Mo.
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Appeal from Audrain Circuit Court. — Eon. E. W. Johnson, Judge. (I) It is not negligence as a matter of law to pass from one coach to another, and a passenger’s motive in so doing is not material. McAffe v. Huidekoper, 9 App. D. C. 36, 34 L. R. A. 720; Marquette v. Railroad, 33 Iowa 562; Holland v. Railroad, 105 Mo. App. 117, 79 S. W. 508. (2) The court erred in sustaining the objections to plaintiff showing the reason the lights in the coaches were dim, and in refusing to admit the testimony of the brakeman as to the reason the lights were dim, and the statements made by the brakeman…
1Opinion of the Court
BLAND, P. J. —
In 1903 plaintiff was engaged in selling farm lands in Audrain county, Missouri, to pur*244chasers from the State of Iowa. On September 25th in said year, a few minutes after nine o’clock, p. m., plaintiff, with a party of eight or ten prospective land-buyers, procured tickets and took passage at Des Moines, Iowa, on one of defendant’s excursion trains to be carried to Mexico, Missouri. There was a rush of passengers to board the train at Des M'oines, and plaintiff and his party became seperated, part of them going into the second, and the others, including plaintiff, into the third…
2Cases cited6 opinions
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Johnston v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- St. Louis & San Francisco Railroad v. DyerSupreme Court of Arkansas · 1914
- Carter v. KurnCourt of Appeals for the Eighth Circuit · 1942
- Chicago, Rock Island & Pacific Railway Co. v. SimpsonSupreme Court of Arkansas · 1908
- Daly v. PryorMissouri Court of Appeals · 1917
3 more not listed; retrieve them via the Exa API.