Martin v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) There was no evidence of negligence on the part of defendant’s hrakeman. (2) The plaintiff’s injuries were the result of an accident, for which the defendant was not at fault. Sawyer v. Railroad, 37 Mo. 262; Henry v. Railroad, 113 M'o. 555; Feary y. Railroad, 162 Mo. 99. (3) Plaintiff’s evidence shows that she was guilty of contributory negligence.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) There was no evidence of negligence on the part of defendant’s hrakeman. (2) The plaintiff’s injuries were the result of an accident, for which the defendant was not at fault. Sawyer v. Railroad, 37 Mo. 262; Henry v. Railroad, 113 M'o. 555; Feary y. Railroad, 162 Mo. 99. (3) Plaintiff’s evidence shows that she was guilty of contributory negligence. Weber v. Street Railroad Co., 100 Mo. 201; Petty v. Railroad, 88 Mo. 306; Wagoner v. Railroad, 118 Mo. App. 246; Romine v. Railroad, 56 N. E. 245; Moore on Carriers, p. 866, and…
1Opinion of the CourtEllison, J.
— Plaintiff suffered personal injury while riding as a passenger on one of defendant’s trains. She charged that the injury was occasioned by the negligence of defendant and brought this action for damages and recovered judgment in the trial court.
It appears that plaintiff was accompanied by her little boy, who became thirsty and she went to the lavatory where the water cooler was and brought a drink to him. In returning the glass she opened the' door of the lavatory, put the glass in its place, closed the door and to steady herself (the car was running rapidly *696and swaying some) she threw her…
2Cases cited2 opinions
- Baker v. Manhattan RailroadNew York Court of Appeals · 1890
- Romine v. Evansville & Terre Haute RailroadIndiana Court of Appeals · 1900
3Cited by2 opinions
- Schaff v. GordonCourt of Appeals of Texas · 1919
- Ward v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1915