Gress v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Hon. James E. Hazell, Judge. (1) There can he no doubt but that the plaintiff in jumping off of the train under the circumstances shown by the plaintiff’s own evidence, was guilty of such a careless and reckless act as precludes a recovery by him for his injury. Murphy v. Railroad, 43 Mo. App. 354; Heaton v. Railroad, 65 Mo.
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Appeal from Moniteau Circuit Court. — Hon. James E. Hazell, Judge. (1) There can he no doubt but that the plaintiff in jumping off of the train under the circumstances shown by the plaintiff’s own evidence, was guilty of such a careless and reckless act as precludes a recovery by him for his injury. Murphy v. Railroad, 43 Mo. App. 354; Heaton v. Railroad, 65 Mo. App. 479; Nelson v. Railroad, 68 Mo. 593; Hunter v. Railroad, 126 N. Y. 18; Kelly v. Railroad, 70 Mo. 604; Fulks v. Railroad, 111 Mo. 335; Railroad v. Rosenberry, 45 Ark. 256. The peremptory instruction prayed by the defendant at the…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant. Under the pleadings the issues which the court was required to determine were (1), whether or not the defendant negligently failed to stop its train at its station for a sufficient length of time to enable the plaintiff with safety to leave it; (2), if it — the.defendant—did not so stop whether or not the plaintiff was in consequence thereof injured; and (3), if he was so injured, then whether or not he was himself guilty of contributory negligence. The cause was…
2Cases cited3 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Morrissey v. Wiggins Ferry Co.Supreme Court of Missouri · 1871
- Richmond v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1892
3Cited by2 opinions
- Craig v. Wabash RailroadMissouri Court of Appeals · 1910
- Hecker v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1904