Murrell v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Eon. J. E. Eaeell, Judge. (1) The plaintiff was a trespasser on defendant’s tracks. Under such circumstances, she was not even a licensee, but a naked trespasser. R. S. 1899, sec. 1105; Hyde v. Railway, 117 Mo. 202; O’Donnell v. Railway, 7 Mo.
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Appeal from Cole Circuit Court. — Eon. J. E. Eaeell, Judge. (1) The plaintiff was a trespasser on defendant’s tracks. Under such circumstances, she was not even a licensee, but a naked trespasser. R. S. 1899, sec. 1105; Hyde v. Railway, 117 Mo. 202; O’Donnell v. Railway, 7 Mo. App. 190; Ostertag v. Railroad, 64 Mo. 421; Railway v. Talbot, 85 Ga. 447; Railway v. Meyers, 136 Ind. 242; Gweeney v. Railroad, 128 Mass. 5; Glass v. Railway, 94 Ala. 581; Railway v. Godfrey, 71 111. 500; Blanchard v. Railway, 126 111. 799; Eggman v. Railroad, 47 111. App. 507; Railway v. State, 62 Md. 479. (2) The…
1Opinion of the CourtEllison, J.
Plaintiff was struck and severely injured by one of defendant’s passenger engines within the corporate limits of Jefferson City. She brought this action to recover damages on account thereof and had judgment in the trial court for three thousand dollars.
There were two counts in the petition. The verdict for plaintiff was on the second count. That count charged that by the ordinances of said city trains were *92not permitted to rnn to exceed five miles per hour and were required to ring the bell of the engine while passing through the corporation. That it was the custom and constant habit of…
2Cases cited9 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Fleming v. BlandSupreme Court of Missouri · 1929
- Jensen v. Denver & Rio Grande Ry. Co.Utah Supreme Court · 1914
- St. Louis S. F. R. Co. v. HodgeSupreme Court of Oklahoma · 1916
- Alexander v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1931
- Wilhelm v. Missouri, O. & G. Ry. Co.Supreme Court of Oklahoma · 1915
6 more not listed; retrieve them via the Exa API.