Holt v. Southwest Missouri Electric Railway Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court.—Hon. J. D. '■iPerhins, Judge. (1) Negligence can not be presumed when nothing is done out of the usual course of business, unless such course is improper. To create a liability there must be some special call for more particular care.
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Appeal from the Jasper Circuit Court.—Hon. J. D. '■iPerhins, Judge. (1) Negligence can not be presumed when nothing is done out of the usual course of business, unless such course is improper. To create a liability there must be some special call for more particular care. An unusual occurrence producing injury, but not even inferentially the result of an unusual act of defendant, who is pursuing his usual coiirse theretofore pursued with safety, is what is called an accident. Guffey v. Railroad, 53 Mo. App. 462-469. (2) If an injury is purely accidental, and without fault; no one can be held…
1Opinion of the CourtEllison, J.
The plaintiff sued the defendant for personal injuries received while attempting to get aboard one of its electric cars and recovered judgment.
The fourth of July, 1891, was Sunday,' and the usual national holiday was celebrated in Jasper county on the following Monday, the fifth. A large crowd had assembled at Lakeside Park, going there principally over defendant’s electric railway, running between the cities of Carthage and Joplin. In dispersing at about sundown, the crowd was large and somewhat unmanageable at the point where the cars stopped to let off and take on passengers at the park.…
2Cases cited7 opinions
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Higgins v. Cherokee RailroadSupreme Court of Georgia · 1885
- Mitchell v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1883
- Guffey v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1893
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3Cited by11 opinions
- Cary v. Los Angeles Ry. Co.California Supreme Court · 1910
- Young v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902
- Saxton v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
- Schwerin v. H. C. Capwell Co.California Court of Appeal · 1934
- Strode v. Columbia Box Co.Missouri Court of Appeals · 1907
6 more not listed; retrieve them via the Exa API.