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…
1Dissent
*88DISSENTING OPINION.
WOODSON, J.
I understand the facts of this case to be somewhat different from those stated in the majority opinion, and for that reason I will recast the case as I see it disclosed by this record.
The suit was instituted in the circuit court of Adair county by the plaintiff, as administrator of the estate of Luke Fletcher, deceased, to recover the sum of $Í0,000 for the alleged-negligent killing of said deceased ; and for the sum of $56.95 alleged to have been due him for services rendered by him for the defendant. A trial was had before the court and jury, which resulted in…
2Cases cited32 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
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