Zumault v. Kansas City Suburban Belt Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. E. P. Gates, Judge. (1) The law imputed to plaintiff a knowledge that this train did not carry passengers and hence the engineer was not bound to anticipate any person would be upon the platform for the purpose of taking passage. 5 Am. and Eng. Ency. Law (2 Ed.), 571; Logan v. Railroad, 77 Mo. 667; Sira v. Railroad, 115 Mo. 127; Henry v. Railroad, 76 Mo. 288; Railroad v. Nuzum, 50 Ind.
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Appeal from Jackson Circuit Court. — Eon. E. P. Gates, Judge. (1) The law imputed to plaintiff a knowledge that this train did not carry passengers and hence the engineer was not bound to anticipate any person would be upon the platform for the purpose of taking passage. 5 Am. and Eng. Ency. Law (2 Ed.), 571; Logan v. Railroad, 77 Mo. 667; Sira v. Railroad, 115 Mo. 127; Henry v. Railroad, 76 Mo. 288; Railroad v. Nuzum, 50 Ind. Ml; Railroad v. Gants, 38 Kan. 608; Beauchamp v. Railroad, 56 Tex. 239; Railroad v. Ludlam, 57 Fed. 48; Railroad v. Pierce, 47 Mich. 277. (2) The plaintiff was cleanly…
1Opinion of the Court
BURGESS, J. J.
— This is an action for, twenty thousand dollars damages alleged to have been sustained by plaintiff on the night of the second day of August, 1895, by reason of the negligence of defendants.
The petition alleges: •
“That on the dates hereinafter mentioned the said Kansas City, Missouri, was and for many years prior thereto had been a municipal corporation duly created, organized and existing under and by virtue of the laws of the State of Missouri. That from the eastern limits of Kansas City, Missouri, to the Grand Central depot in said city, both defendants herein at all the…
2Cases cited8 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Woodell v. West Virginia Improvement Co.West Virginia Supreme Court · 1893
- Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.Supreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Schroeder v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Voelker v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1910
- Deane v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Gettys v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Foreman Trust & Savings Bank v. Chicago Rapid Transit Co.Appellate Court of Illinois · 1929
5 more not listed; retrieve them via the Exa API.