Atkinson v. Pacific Railway Co.
Court of Appeals of Kansas
Appeal from Pettis Circuit Court. — Hon. Geo. F. Longan, Judge. (1) Defendant’s liability in this case is bottomed entirely upon tbe allegation, “that tbe defendant and its officers, and servants managing said train, knew that it was not a safe place, and knew that tbe place where said train stopped, and that part of said city through which plaintiff would have to pass in reaching said passenger station, and in reaching a safe place, was infested by footpads, thieves,…
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Appeal from Pettis Circuit Court. — Hon. Geo. F. Longan, Judge. (1) Defendant’s liability in this case is bottomed entirely upon tbe allegation, “that tbe defendant and its officers, and servants managing said train, knew that it was not a safe place, and knew that tbe place where said train stopped, and that part of said city through which plaintiff would have to pass in reaching said passenger station, and in reaching a safe place, was infested by footpads, thieves, robbers and thugs and where people were liable to be robbed. Without this allegation the petition states no cause of action,…
1Opinion of the CourtBroaddus, J.
The substantial allegations of the petion are: That on the thirteenth day of August, 1896, the plaintiff took passage on the defendant’s train at St. Louis, Missouri, for Sedalia and from thence to Lexington, Missouri, having paid his fare for transportation to defendant; that while en route he informed defendant’s agent in charge of the train that his destination was Sedalia, where he would make connection with defendant’s connecting train for Lexington ; that when he arrived at the station of Sedalia, where he would have to change cars for Lexington, he was asleep; that after the train had…
2Cases cited5 opinions
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Huelsenkamp v. Citizens' Railway Co.Supreme Court of Missouri · 1866
- Bryan v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Chicago, Rock Island & Texas Railway Co. v. BoylesCourt of Appeals of Texas · 1895
- Warden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
3Cited by5 opinions
- Feldotto v. St. Louis Public Service CompanyMissouri Court of Appeals · 1955
- Payne Ex Rel. Copeland v. DavisSupreme Court of Missouri · 1923
- Wilson v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1908
- Bascom v. Wabash RailroadMissouri Court of Appeals · 1903
- Peeler v. McMillanMissouri Court of Appeals · 1902