Sweany v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Hon. John M. Williams, Judge. (1) There was no duty imposed by law on defendant, under the circumstances of this case, to keep its station open before the arrival of the train which plaintiff was going to take. Railroad v. Commonwealth, 102 Ky. 300; Sandifer’s Admr. v. Railroad (cited below). (2) The plaintiff was not obliged to take shelter in the box car.
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Appeal from Cole Circuit Court. — Hon. John M. Williams, Judge. (1) There was no duty imposed by law on defendant, under the circumstances of this case, to keep its station open before the arrival of the train which plaintiff was going to take. Railroad v. Commonwealth, 102 Ky. 300; Sandifer’s Admr. v. Railroad (cited below). (2) The plaintiff was not obliged to take shelter in the box car. (3) The defendant’s failure to keep the station open and its platform lighted was not the proximate cause of the plaintiff’s injury. Rozwadesfskie v. Railroad, 20 S. W. (Tex.) 872; Tel. Co. v. Partlow, 71…
1Opinion of the CourtEllison, J.
Plaintiff was injured by stepping or falling between one of defendant’s freight box cars and its depot platform, while attempting to pass from the car to the platform at a little village called Tebbetts, after night. The negligence charged is not having the station building lighted, heated and open, and not having the platform lighted. Defendant’s demurrer to the evidence was overruled and the verdict and judgment were for plaintiff.
Plaintiff went on a train from Jefferson City to Tebbetts. He was acquainted with Eeifsteck, who lived in the village, about 300 feet from, the depot, and he and…
2Cases cited4 opinions
- Phillips v. Southern Railway Co.Supreme Court of North Carolina · 1899
- Archer v. Union Pacific RailroadMissouri Court of Appeals · 1905
- International & Great Northern Railway Co. v. PeveyCourt of Appeals of Texas · 1902
- Draper v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1905