Woods v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Bales Circuit Court. — Hon. G. A. Denton, Judge. (1) Plaintiff was in the stockyards of defendant delivering property that he had sold to one C. L. Smith, and which was to be shipped by Smith from the stockyards over defendant’s road. Acting under Smith’s direction plaintiff was putting the property into a particular pen when in the act of opening a gate, leading to such pen, he was injured.
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Appeal from Bales Circuit Court. — Hon. G. A. Denton, Judge. (1) Plaintiff was in the stockyards of defendant delivering property that he had sold to one C. L. Smith, and which was to be shipped by Smith from the stockyards over defendant’s road. Acting under Smith’s direction plaintiff was putting the property into a particular pen when in the act of opening a gate, leading to such pen, he was injured. Plaintiff was thus engaged in a transaction in which he, Smith, and defendant were interested. He was lawfully on defendant’s premises under an implied invitation to the public to deliver…
1Opinion of the CourtJonhson, J.
This is a suit for damages for personal injuries alleged to have been caused by the negligence of defendant. The trial court sustained a demurrer to the evidence and the cause is here on the appeal of plaintiff. The injury occurred at the live stock *509pens maintained by defendant at Poster, a station in Bates county on the Madison branch of defendant’s railroad. The pens were on the station grounds, were in charge of the station agent, and were used in the shipment of live stock over defendant’s railroad. A Mr. Smith, a shipper, was using the pens on the day of plaintiff’s injury, for a…
2Cases cited1 opinion
- Lowenstein v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1908
3Cited by1 opinion
- Woods v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1915