Short v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) Instruction number 2, given by the court for plaintiff, ivas not warranted by the evidence in the case. Plaintiff, himself, testified that it was necessary for the conductor do do what he did to get him off the train. The. conductor employed no unnecessary force. Grayson v. Transit Co., 100 Mo. App. 60; Bolles v. Railroad, 134 Mo. App. 696; White v. Railroad, 132 Mo. App. 339; Hoffman v. Gill, 102 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) Instruction number 2, given by the court for plaintiff, ivas not warranted by the evidence in the case. Plaintiff, himself, testified that it was necessary for the conductor do do what he did to get him off the train. The. conductor employed no unnecessary force. Grayson v. Transit Co., 100 Mo. App. 60; Bolles v. Railroad, 134 Mo. App. 696; White v. Railroad, 132 Mo. App. 339; Hoffman v. Gill, 102 Mo. App. 320; Boling v. Railroad, 389 Mo. 219; Glover v. Railroad, 129 Mo. App. 563; Logan y. Railroad, 77 Mo. 663. (2) Tlie…
1Opinion of the CourtNortoni, J.
This is a suit for damages alleged to have accrued on account of defendant’s having wrongfully ejected plaintiff from its passenger train. Plaintiff recovered and defendant appeals.
It appears plaintiff purchased a ticket entitling him to first-class transportation over defendant’s railroad from Senath to Cape Girardeau, Missouri, where he *363was going to attend the normal school. He hoarded the passenger train about ten o’clock in the forenoon and was conveyed to the town of Carnthersville where he waited a couple of hours for the train to Cape Girardeau. Upon the Cape Girardeau train coming…
2Cases cited6 opinions
- Perkins v. Mo., K. & T. R. R.Supreme Court of Missouri · 1874
- Lillis v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Beck v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Holt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
- Gates v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fornoff v. Columbia Taxicab Co.Missouri Court of Appeals · 1913