Ahnefeld v. Wabash Railroad
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Now. John P. Butter, Judge. (1) The law conclusively presumes for the purposes of this action that deceased was a trespasser and therefore the court committed, error in admitting evidence over defendant’s objection tending to show that he was a bare licensee.
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Appeal from Carroll Circuit Court. — Now. John P. Butter, Judge. (1) The law conclusively presumes for the purposes of this action that deceased was a trespasser and therefore the court committed, error in admitting evidence over defendant’s objection tending to show that he was a bare licensee. R. S. 18991, sec. 1105; Ryan v. Railroad, 88 Mo. 392; Barker v. Railroad, 98 Mo. 50’; Hyde v. Railroad, 110 Mo. 272.- (2) As deceased must be conclusively presumed to have been a trespasser, defendant was not bound to look out for him, and therefore the demurrer to plaintiff’s evidence should have…
1Opinion of the CourtFox, P. J.
— This suit was instituted by plaintiff in the circuit court of Carroll county to recover $5,000, under the second section of the Damage Act, for the death of her husband, Carl Ahnefeld, who was struck and killed by a work train on defendant’s railroad, near Carrollton, Missouri, on the 18th day of June, 1904. From a judgment in favor of plaintiff, defendant appeals.
The amended petition alleged that deceased at the time he was killed was walking in an easterly direction on defendant’s track, within its switch limits, at about one-quarter of a mile east of its depot at Carrollton; that the…
2Cases cited10 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Chamberlain v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Mayfield v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1935
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1910
- Anderson v. CinnamonSupreme Court of Missouri · 1955
- Boyer v. Guidicy Marble, Terrazzo & Tile Co.Supreme Court of Missouri · 1952
35 more not listed; retrieve them via the Exa API.