Murphy v. Wabash Railroad
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) This case does not fall -within what is known as the humanitarian doctrine of this court.
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Appeal from Knox Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) This case does not fall -within what is known as the humanitarian doctrine of this court. Ayres v. Railroad, 190 Mo. 228; Frye v. Railroad, 200 Mo. 377. The duty of the engineer to keep a lookout under the doctrine as here defined arises from a supposed invitation and license to walk upon the track, acquired “by the tacit consent and long acquiescence of” the company “in permitting open, known, free, continuous and extensive use of the track by footmen.” The character and extent of the license, according to the language of…
1Opinion of the CourtLamm, J.
Luke Fletcher was fifty years old. On the sixth day of July, 1805', he was defendant’s servant as section foreman in Iowa. On that day he was struck on defendant’s track by one of defendant’s locomotive engines pulling a. light passenger train within the corporate limits of Kirksville in Adair county, Mis*69sauri, and was so hurt that presently he died. Though once married, he was unmarried at his death, leaving no minor children, “natural or adopted,” hut leaving one son, who had reached his majority, surviving him. Presently Mr. Murphy was appointed administrator of his estate, took on himself…
2Cases cited11 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- Ahnefeld v. Wabash RailroadSupreme Court of Missouri · 1908
- Morgan v. MulhallSupreme Court of Missouri · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Banks v. Morris CompanySupreme Court of Missouri · 1924
- Dutcher v. Wabash RailroadSupreme Court of Missouri · 1912
- Millhouser v. Kansas City Public Service Co.Supreme Court of Missouri · 1932
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
44 more not listed; retrieve them via the Exa API.