Hall v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. W. L. Jarrott, Judge. (1) Plaintiff at time and place of accident was neither a passenger, employee, nor licensee, but a trespasser.
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Appeal from Johnson Circuit Court. — Hon. W. L. Jarrott, Judge. (1) Plaintiff at time and place of accident was neither a passenger, employee, nor licensee, but a trespasser. The court below tried the case upon this theory, as will be seen upon an inspection of instruction 1 given at instance of plaintiff, and instruction 1 given at instance of defendant, and the case should be disposed of in this court accordingly. 0 ’Donnell v. Railroad, 197 Mó. 110; Feeback v. Railroad, 167 Mo. 206; Stringer v. Railroad, 96 Mo. 206; Sherman v. Railroad, 72 Mo. 62; Snyder v. Railroad, 60 Mo. 413; 3 Elliott…
1Opinion of the Court
GRAVES, J. —
Plaintiff, a hoy of fourteen years at date of the accident, sues by his nest friend to recover from defendant damages in the §um of $25,000, for personal injuries alleged to have been received through the negligence of the defendant in the operation of one of its freight trains. By the petition it is charged that the plaintiff hoarded defendant’s local freight train No. 122 at Pleasant Hill, Missouri, to go go to the town of Kingsville, a few miles to the east; that he had theretofore been accustomed and was permitted hy defendant’s conductors, agents, servants and employees to…
2Cases cited5 opinions
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Sherman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Flowers v. HelmSupreme Court of Missouri · 1860
3Cited by22 opinions
- McClanahan Ex Rel. McClanahan v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Rolfe v. . HewittNew York Court of Appeals · 1920
- Bobos Ex Rel. Enders v. Krey Packing Co.Supreme Court of Missouri · 1927
- Huckleberry v. Missouri Pacific RailroadSupreme Court of Missouri · 1930
- Montana v. NenertMissouri Court of Appeals · 1950
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