Archer v. Union Pacific Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court . — Eon. W. B. Teas dale, Judge. (1) Unless plaintiff was a passenger at the time-she was injured, she cannot recover under the allegation of the petition. Brown v. Scarbro, 97 Ala. 316.. (2) We contend that plaintiff was not a passenger at-the time of her injury, but was a licensee.
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Appeal from Jackson Circuit Court . — Eon. W. B. Teas dale, Judge. (1) Unless plaintiff was a passenger at the time-she was injured, she cannot recover under the allegation of the petition. Brown v. Scarbro, 97 Ala. 316.. (2) We contend that plaintiff was not a passenger at-the time of her injury, but was a licensee. The law applicable to this state of facts is well stated in Phillips v. Railroad, 124 N. C. 123; Hutchinson on Carriers, sec. 562; Dowd v. Railroad, 84 Wis. 105; Benson v. Traction Co., 20 L. R. A. 714; Beach on Contributory Negligence, sec. 51; De Bald v. Railroad, 14 Atl. Rep.…
1Opinion of the CourtEllison, J.
— The plaintiff brought this action .for damages resulting to her on account of personal injuries received by her (as she alleges) through the-negligence of defendant. She prevailed in the trial court.
It appears that in February, 1901, the Ancient. Order of Pyramids of Kansas City, Missouri, engaged an ordinary passenger car of defendant in which defendant was to convey a number of members to Topeka,. Kansas, and return. The party (including plaintiff) arrived at Topeka about six o’clock in the evening,, when they proceeded to a hall'in the city. The car was taken off of the main track and…
2Cases cited3 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Dowd v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1893
3Cited by6 opinions
- Barnett v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1913
- Lowenstein v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1908
- Chicago, R. I. & P. Ry. Co. v. ThurlowCourt of Appeals for the Eighth Circuit · 1910
- Woods v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1915
- Davis v. RingolskyMissouri Court of Appeals · 1910
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