Burke v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) In the absence of notice to the public, that it will carry passengers on its freight trains, a person is bound to take notice from the kind of train, its make-up, and the kind of cars of which it is composed, that it is only a freight train, and not intended to carry passengers.
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Appeal from the Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) In the absence of notice to the public, that it will carry passengers on its freight trains, a person is bound to take notice from the kind of train, its make-up, and the kind of cars of which it is composed, that it is only a freight train, and not intended to carry passengers. Powers v. Railroad, 153 Mass. 188; Files v. Railroad, 149 Mass. 204; Faton v. Railroad, 57 N. Y. 383. An agent cannot bind his principal by violating his orders, unless it be shown that the principal knew of such violation and acquiesced in it.…
1Opinion of the CourtSmith, P. J.
This suit was brought by plaintiff to recover damages for his wrongful expulsion from one of defendant’s trains.
It appears from the undisputed evidence in the case that the defendant’s freight-train conductors were forbidden by its rules to carry passengers except on certain designated trains; that there was no notice of this, other than was to be found on the time table which was provided for the government of those persons who were engaged in the defendant’s train service. The plaintiff entered the caboose attached to freight train number 125, which was not one of the designated…
2Cases cited9 opinions
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Houston & Texas Central Railway Co. v. MooreTexas Supreme Court · 1878
- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
- Swayze v. BrideMissouri Court of Appeals · 1889
- Lucas v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1873
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3Cited by2 opinions
- Berry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Rawlings v. Wabash RailroadMissouri Court of Appeals · 1903