Le Duc v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from. Greene Circuit Court. — Hon. Alfred Page, Judge, (1) Under the evidence and from the experience and observation of all men, it is perfectly manifest that this was an ordinary attempt at hopping on a moving train, which, if it had been successful would have caused some pride to the respondent, it being his first attempt, and likewise to his leader, Parsons, himself an experienced train hopper, but failing, the unfortunate injury resulting therefrom is made the…
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Appeal from. Greene Circuit Court. — Hon. Alfred Page, Judge, (1) Under the evidence and from the experience and observation of all men, it is perfectly manifest that this was an ordinary attempt at hopping on a moving train, which, if it had been successful would have caused some pride to the respondent, it being his first attempt, and likewise to his leader, Parsons, himself an experienced train hopper, but failing, the unfortunate injury resulting therefrom is made the basis of a suit for damages now before this court. Heaton v. Railroad, 65 Mo. App. 479; Hurt v. Railroad, 94 Mo. 263;…
1Opinion of the CourtCox, J.
Action for damage for personal injury. Judgment for plaintiff for two thousand dollars and defendant has appealed. The first question to determine is whether on the facts proven plaintiff has a cause of action.
On Sept. 18, 1909, plaintiff and a companion by the name of Parsons bought tickets at Hurley, a station on defendant’s road south of Springfield and intended to go over defendant’s road to Crane, a station a few miles farther south, to attend a street fair. The train On which they were to go was a mixed train with nine empty freight cars next to the engine, then five loaded freight…
2Cases cited6 opinions
- Swigert v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1882
- Fulks v. St. Louis & San Francisco RailwaySupreme Court of Missouri · 1892
- Eikenberry v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Murphy v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1891
- Spencer v. St. Louis Transit Co.Missouri Court of Appeals · 1905
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