Youmans v. Wabash Railroad
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) It appears without contradiction or controversy that Youmans, with full knowledge of the conductor’s lack of authority, and of the express rules forbidding it, persuaded him to allow him to ride free of charge on a through freight train which was not permitted to carry passengers. Hence, deceased was in law, and in fact, a trespasser upon the train at the time of the accident. Purple v. Railway, 114 Fed.
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Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) It appears without contradiction or controversy that Youmans, with full knowledge of the conductor’s lack of authority, and of the express rules forbidding it, persuaded him to allow him to ride free of charge on a through freight train which was not permitted to carry passengers. Hence, deceased was in law, and in fact, a trespasser upon the train at the time of the accident. Purple v. Railway, 114 Fed. (C. C. A.) 123; Eaton v. Railway, 57 N. Y. 382; O’Donnell v. Railway, 197 Mo. 110; Powers v. Railway, 153 Mass, 188; Railway…
1Opinion of the CourtBroaddus, P. J.
The plaintiff sued to recover the penalty provided by the statute for the death of her son, Howard T. Youmans, a minor, which occurred in a collision between two of defendant’s freight trains, on the 15th day of April, 1907, at High Hill station, Missouri.
*396The son lacked ahont one month of being twenty-one years of age at his death. He was a telegraph operator but was out of employment at the time. On the day in question he and a companion reached Moberly and applied to defendant’s chief dispatcher for a pass to St. Louis, which he refused them; whereupon they went to the freight yard office…
2Cases cited3 opinions
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- O'Donnell v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
3Cited by8 opinions
- McClanahan Ex Rel. McClanahan v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Oatman Ex Rel. Oatman v. St. Louis-Southwestern Railway Co.Supreme Court of Missouri · 1924
- Quirk ex rel. Quirk v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1919
- Forsythe v. Shryack-Thom Grocery Co.Supreme Court of Missouri · 1920
- Scrivner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
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