Giles v. Michigan Central Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — How. Thomas B. Allen, Judge. (1) No one saw this accident and plaintiff does not remember a thing about how it happened. The evidence shows beyond a question that the vestibule door of this car was and had been open. The law under such circumstances presumes the plaintiff to have been using ordinary care for his own safety. Wack v. Eailroad, 175 Mo. App. Ill; Buesching v. Gas Light Company, 73 Mo. 319; Dunlap v. Chemical Works, 159 Mo.
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Appeal from Buchanan Circuit Court. — How. Thomas B. Allen, Judge. (1) No one saw this accident and plaintiff does not remember a thing about how it happened. The evidence shows beyond a question that the vestibule door of this car was and had been open. The law under such circumstances presumes the plaintiff to have been using ordinary care for his own safety. Wack v. Eailroad, 175 Mo. App. Ill; Buesching v. Gas Light Company, 73 Mo. 319; Dunlap v. Chemical Works, 159 Mo. App. 49; Johnson v. Eailroad, 150 Mo. App. 304. (2) Instruction No. 5 given for the defendant is not the law in this…
1Opinion of the CourtWalker, J.
In a suit for personal injuries brought by plaintiff against defendant, in the Circuit Court of Buchanan County, a trial resulted in a verdict for defendant, from which plaintiff appeals.
On December 25, 1913, plaintiff was a passenger on one of defendant’s solid vestibule trains, en route from New York City to Chicago. When the train reached the látter city, at about the 22nd Street crossing, the plaintiff, it is conceded, there being no eye-witness to the accident, fell through an open vestibule door and was injured. Soon thereafter he was found lying in an unconscious condition near the…
2Cases cited5 opinions
- Carr v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Jordan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Western Ry. v. McPhersonSupreme Court of Alabama · 1906
- Quinn v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Kirn v. HarveyMissouri Court of Appeals · 1918
3Cited by4 opinions
- Smith v. WellsSupreme Court of Missouri · 1930
- Adskim v. Oregon-Washington Railroad & Navigation Co.Oregon Supreme Court · 1929
- Simmons v. WellsSupreme Court of Missouri · 1929
- Merriam v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1934