Central Trust Co. v. Wabash, St. L. & P. Ry. Co.
U.S. Circuit Court for the District of Eastern Missouri
In Equity. Exceptions to master’s report. The intervenor asks for damages for injuries sustained through the alleged negligence of the employes of the Wabash receivers. The facts of the case are substantially as follows: The intervenor, while walking westward aloñg a track of the Wabash, St. Louis & Pacific Railway Company, saw a Wabash engine and tender backing towards him.
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In Equity. Exceptions to master’s report. The intervenor asks for damages for injuries sustained through the alleged negligence of the employes of the Wabash receivers. The facts of the case are substantially as follows: The intervenor, while walking westward aloñg a track of the Wabash, St. Louis & Pacific Railway Company, saw a Wabash engine and tender backing towards him. When it was about two car lengths from him he left the Wabash track and got on the incoming Missouri Pacific track, which is just north of it, and started along the latter track; but, upon looking up, saw a Missouri…
1Opinion of the Court
Treat, J.,
{orally.) The exceptions are overruled, not only for the reasons stated 'by the master, but from elemental rules in addition *897thereto there can be no recovery in this case. The intervenor chose to use the track of the railway company for his personal convenience, without regard to constantly moving trains thereon ; and the railway company having a right to suppose the track free, pursued its ordinary course of business. The injury, therefore, occurred through the gross negligence of the intervenor, without any fau-lt on the part of the railway company.
NOTE. Where a party voluntarily…
2Cases cited3 opinions
- Terre Haute & Indianapolis Railroad v. GrahamIndiana Supreme Court · 1883
- Meeks v. Southern Pacific RailroadCalifornia Supreme Court · 1880
- Althen v. KellySupreme Court of Minnesota · 1884