Cathey v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry O. Riley, Judge. (1) Tbe plaintiff was not entitled to recover in this case, and the court ought to have sustained the demurrer to the evidence. Eads v. Railroad, 43 Mo. App. 536; Berry v. Railroad, 124 Mo. 254; Chilton v. Railroad, 114 Mo. 88; Younger v. Judah, 111 Mo. 303. (2) A regulation by a carrier requiring passengers to purchase tickets before entering trains, is a reasonable regulation.
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Appeal from Pemiscot Circuit Court. — Hon. Henry O. Riley, Judge. (1) Tbe plaintiff was not entitled to recover in this case, and the court ought to have sustained the demurrer to the evidence. Eads v. Railroad, 43 Mo. App. 536; Berry v. Railroad, 124 Mo. 254; Chilton v. Railroad, 114 Mo. 88; Younger v. Judah, 111 Mo. 303. (2) A regulation by a carrier requiring passengers to purchase tickets before entering trains, is a reasonable regulation. Mills v. Railroad (Tex.), 55 L. R. A. 501; Railroad v. Blythe (Ark.), 126 S. W. 887; Hutchinson on Carriers (2 Ed.), 652; 28 Am. and Eng. Ency. Law (2…
1Opinion of the CourtNixon, P. J.
This was a suit brought by the plaintiff to recover actual and exemplary damages by reason of an alleged assault by a brakeman of the defendant upon the plaintiff while the plaintiff was a passenger and was about to enter one of defendant’s trains at Steele, Mo., while the train was in motion.
The petition, in substance, states that the brakeman of the defendant violently, wilfully and maliciously assaulted the plaintiff and kicked him in the face while he was trying to enter the train, and that by reason of said assault, plaintiff was bruised, his gums lacerated, and his teeth loosened. The…
2Cases cited13 opinions
- Baltimore & Ohio Railroad v. BlocherCourt of Appeals of Maryland · 1867
- Wilson v. Board of EducationSupreme Court of Missouri · 1876
- Bender v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1897
- Moody v. DeutschSupreme Court of Missouri · 1884
- Pierce Steam Heating Co. v. A. Siegel Gas Fixture Co.Missouri Court of Appeals · 1895
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3Cited by2 opinions
- Cook v. LuskMissouri Court of Appeals · 1914
- Cummings v. Sovereign Camp of the Woodmen of the WorldMissouri Court of Appeals · 1913