Legal Opinion

Bond v. Chicago, Burlington & Quincy Railway Co.

Missouri Court of Appeals

Decided December 19, 1904PublishedCited by 17 opinions

Appeal from Clinton Circuit Court . — Hon. A. D. Burnes, Judge. (1) One entering a train as an escort for a female taking passage thereon is not deemed a passenger, and is entitled to no time to get on or off, except that afforded in performing’ the ■ company’s duty to its passangers, unless the company has notice of the fact that he enters on the train as a mere escort, and even in that case ordinary care and diligence is the degree of care due such person, and not the high…

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Appeal from Clinton Circuit Court . — Hon. A. D. Burnes, Judge. (1) One entering a train as an escort for a female taking passage thereon is not deemed a passenger, and is entitled to no time to get on or off, except that afforded in performing’ the ■ company’s duty to its passangers, unless the company has notice of the fact that he enters on the train as a mere escort, and even in that case ordinary care and diligence is the degree of care due such person, and not the high degree, of care due to passengers. Doss v. Eailroad, 59 Mo. 27; Yarnell v. Eailroad, 113 Mo. 570. (2) For a person to…

1Opinion of the CourtBroaddus, J.

— This is a suit to recover damages for personal injuries received by plaintiff in alighting from a passenger train of defendant at its depot in Lathrop, Missouri, on the fourth day of October, 1902. Plaintiff was a man sixty-four years of age, a farmer and as such a laborer; his married daughter, who lived in St. Louis and who had been visiting him at his farm, was returning to her own home and he and another daughter accompanied her to said depot. Upon the arrival of the train upon which said married daughter proposed to embark on her journey she and plaintiff entered a passenger coach, he…

2Cases cited12 opinions

  1. Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
  2. Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
  3. Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
  4. Schaefer v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1895
  5. Ephland v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894

7 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Pauley v. Business Men's Assurance Co. of AmericaMissouri Court of Appeals · 1924
  2. Ritz v. Cousins Lumber Co.Missouri Court of Appeals · 1933
  3. Carlson v. Kansas City, Clay County & St. Joseph Auto Transit Co.Missouri Court of Appeals · 1926
  4. Green v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
  5. McGinnis v. R. M. Rigby Printing Co.Missouri Court of Appeals · 1906

12 more not listed; retrieve them via the Exa API.

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