Schultze v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. Richaed Field, Judge. The case is stated in the opinion. (1) It was error to overrule defendant’s demurrer to the plaintiff’s evidence. Plaintiff’s own statement showed him guilty of such contributory negligence as precluded a recovery. Notices as required by the statute were posted inside the car and on the door forbidding passengers to stand on the platform. R. S. 1879, sec. 800 ; Lindsey v. Railroad, 18 Am. and Eng. Ry.
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Appeal from Pettis Circuit Court. — Hon. Richaed Field, Judge. The case is stated in the opinion. (1) It was error to overrule defendant’s demurrer to the plaintiff’s evidence. Plaintiff’s own statement showed him guilty of such contributory negligence as precluded a recovery. Notices as required by the statute were posted inside the car and on the door forbidding passengers to stand on the platform. R. S. 1879, sec. 800 ; Lindsey v. Railroad, 18 Am. and Eng. Ry. Cases, 179 ; 2 Rorer on Railways, 1103 and authorities cited; Railroad v. Hawk, 72 Ala. 112 ; Higgins v. Railroad, 2 Bosw. [N. Y.j…
1Opinion of the CourtRamsay, J.
— This is a suit for personal injuries. The trial below resulted in a judgment for plaintiff, from which the defendant has appealed to this court.
The petition, after alleging that iffaintiff, on the *442twenty-fifth day of December, 1884, took passage on one of defendant’s trains from Sedalia to Lee’s Summit in Missouri, that Lee’s Summit was then an established station on defendant’s railroad line, where defendant had a depot and platform for the proper reception and discharge of passengers from its train, with other statements, which we deem unnecessary to mention, further alleged: “That when…
2Cases cited17 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pruitt v. San Pedro, L.A. & Salt Lake R.R.California Supreme Court · 1911
- State ex rel. Savings Trust Co. v. HallenMissouri Court of Appeals · 1912
- Kettel v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1917
- Thomas v. San Pedro, L. A. & S. L. Ry. Co.Court of Appeals for the Ninth Circuit · 1909
- Colburn & Hamilton v. Brunswick Flour Co.Missouri Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.