James v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. I). P. Stratton, Judge. (1) Instruction, numbered 1, given on- the part of plaintiff is erroneous for several reasons: First. Because the “hole” in the platform was not the approximate cause of the injury. Hudson ». Railroad, 101 Mo. 13 ; MatMason v. Mayer, 90 Mo. 586 ; Stepp v. Railroad, 85 Mo. 233. Second. Because defendant owed plaintiff no duty in regard to the hole.
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Appeal from Vernon Circuit Court. — Hon. I). P. Stratton, Judge. (1) Instruction, numbered 1, given on- the part of plaintiff is erroneous for several reasons: First. Because the “hole” in the platform was not the approximate cause of the injury. Hudson ». Railroad, 101 Mo. 13 ; MatMason v. Mayer, 90 Mo. 586 ; Stepp v. Railroad, 85 Mo. 233. Second. Because defendant owed plaintiff no duty in regard to the hole. Larmore v. Iron Go., 101 N. Y. 392; Severy v. Nickerson, 120 Mass. 306. Third. Because said instruction assumes as a matter of law, that the hole'mentioned therein was unsafe and…
1Opinion of the Court
Thomas. J.
Plaintiff recovered judgment against defendant in the circuit court of Yernon county for $8,000, for personal injuries, and defendant appeals. The facts as disclosed by the record in this case are in substance as follows : In June, 1886, the defendant company was operating and controlling the Missouri, Kansas & Texas rail way which runs through Appleton City, St. Clair county, Missouri. The railroad runs north and south through that city, and the station platform there-was constructed of'what is known as rafting lumber, which had auger holes in it from an inch and a half to two…
2Cited by7 opinions
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- State Ex Rel. Kansas City Public Service Co. v. BlandSupreme Court of Missouri · 1945
- State Ex Rel. State Highway Commission v. DayMissouri Court of Appeals · 1932
- Munro v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Bryan v. United States Incandescent Lamp Co.Missouri Court of Appeals · 1913
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