Waller v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.- — Hon. W. H. Sherman, Judge. (1) The demurrer to the evidence should have been sustained. Brice v. Railroad Co., 72 Mo. 414; Pierce on Railroads, p. 317, note 2 ; Burrows v. Railway Co., 63 N. Y. 558; Boss n. Railway Co., 59 Mo. 37 is not good law and is unsupported by reason or authority ; the cases cited therein do not support it.
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Appeal from Buchanan Circuit Court.- — Hon. W. H. Sherman, Judge. (1) The demurrer to the evidence should have been sustained. Brice v. Railroad Co., 72 Mo. 414; Pierce on Railroads, p. 317, note 2 ; Burrows v. Railway Co., 63 N. Y. 558; Boss n. Railway Co., 59 Mo. 37 is not good law and is unsupported by reason or authority ; the cases cited therein do not support it. It is negligence to get off when the train is in motion, whether fast or slow, unless there is that in the facts of the case which induces the belief on the part of the passenger that it is not dangerous. Hutch, on Car., p.…
1Opinion of the CourtNorton, J.
This action was commenced by plaintiff to recover, as damages, the statutory penalty, for the" death of his wife, a passenger on one of defendant’s trains, alleged to have been occasioned by defendant’s negligence.
The petition substantially alleges as follows:
1. The incorporation of defendant and its operation of a railroad. 2. The creation of the relation of carrier and passenger between plaintiff’s wife and defendant, and defendant’s duty arising therefrom, to transport her from St. Joseph to Easton and to stop the train “a sufficient length of time for her to pass therefrom with safety.”…
2Cases cited6 opinions
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Higgins ex rel. Higgins v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- O'Connell v. St. Louis Cable & Western Railway Co.Supreme Court of Missouri · 1891
7 more not listed; retrieve them via the Exa API.