Krueger v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, J udge. (1) The court erred in overruling the defendant’s demurrer to the evidence at the close of plaintiff’s case. Plaintiff failed to establish a prima facie ease of authority on the part of defendant’s brakeman, Marshall, to remove or eject plaintiff from the train on which he was riding as a mere trespasser. Krueger v. Railroad, 84 Mo.
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Appeal from Jackson Circuit Court. — Hon. E. P. Gates, J udge. (1) The court erred in overruling the defendant’s demurrer to the evidence at the close of plaintiff’s case. Plaintiff failed to establish a prima facie ease of authority on the part of defendant’s brakeman, Marshall, to remove or eject plaintiff from the train on which he was riding as a mere trespasser. Krueger v. Railroad, 84 Mo. App. 366; Earber v. Railroad, 116 Mo. 81. (2) The court erred in refusing instruction 1 offered by defendant at the close pf all the evidence, directing a verdict for defendant. Herman on Estoppel,…
1Opinion of the CourtEllison, J.
This is an action for personal injury in which plaintiff obtained a judgment in'the trial court. The case was here on another occasion and will be found reported in 84 Mo. App. 358. By reference to that volume it will be seen that plaintiff (a young man under twenty-one years of age) was a trespasser attempting to ride on one of defendant’s freight trains, and being discovered by a brakeman, was forced to jump off the train while in rapid motion, and in consequence was injured. We then reversed the judgment, which had been rendered for plaintiff, mainly on account of error in the matter of…
2Cases cited7 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Coontz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- St. L., I. M. & S. Ry. v. HendricksSupreme Court of Arkansas · 1886
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3Cited by4 opinions
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CaseIndiana Supreme Court · 1910
- Union Traction Co. v. SullivanIndiana Court of Appeals · 1905
- Marcum v. Missouri, Kansas & Texas Ry. Co.Missouri Court of Appeals · 1909