Henry v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from Chariton Circuit Court.—Thomas Shackleeord, Esq., Special Judge. 1. An injured passenger is without remedy, unless the injury could have been avoided by the exercise of ordinary care on his part, after becoming aware of the danger to which be was exposed. As to passengers projecting their arms and elbows from windows, see Todd v. R. R. Co. 3 Allen 18; Pittsburg & C. R. R. Co. v. Andrews, 39 Md 329; s. c, 17 Am.
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Appeal from Chariton Circuit Court.—Thomas Shackleeord, Esq., Special Judge. 1. An injured passenger is without remedy, unless the injury could have been avoided by the exercise of ordinary care on his part, after becoming aware of the danger to which be was exposed. As to passengers projecting their arms and elbows from windows, see Todd v. R. R. Co. 3 Allen 18; Pittsburg & C. R. R. Co. v. Andrews, 39 Md 329; s. c, 17 Am. Rep. 568; Pittsburg, etc., R. R. Co. v. McClurg, 56 Pa. St. 294; L. & N. R. R. Co. v. Sickings, 5 Bush. 1; Holbrook v. R. R. Co., 12 N. Y. 236; Ind. & Cin. R. R. Co. v.…
1Opinion of the CourtHough, J.
This is an action to recover damages on account of certain personal injuries received by the plaintiff and resulting from his being knocked down and run over by a flat car of the defendant while standing behind said car and between the rails of one of defendant’s tracks in its switch-yard, in the town of Moberly, on the night of September 7th, 1876.
On the day of said 7th of September, the firm of Platter, Crow & Co., of which plaintiff was a member, shipped a car-load of horses from Chillicothe to St. Louis, over the railway of the defendant, under a contract which entitled the plaintiff to…
2Cases cited3 opinions
- Hallihan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Haley v. Chicago & North Western Railway Co.Supreme Court of Iowa · 1866
- Van Schaick v. . the Hudson River R.R. Co.New York Court of Appeals · 1871
3Cited by25 opinions
- Missouri Pacific Railway Co. v. ColumbiaSupreme Court of Kansas · 1902
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Briggs v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1914
- Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
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