Omer v. St. Louis & Hannibal Railway Co.

The plaintiff was a passenger on defendant’s train. He, with three or four others, were seated in the baggage car with the consent and acquiescence of defendant, the baggage car being used by the defendant as a smoker for the accommodation of its passengers. At a point on defendant’s road between the cities of Hannibal and New London, where the railroad embankment is from four to six feet in height, the car on which plaintiff was being conveyed was' derailed and overturned down said embankment, whereby plaintiff was slightly but not seriously injured. The evidence tends to prove that he was…