St. Clair v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The plaintiff was not a passenger on defendant’s train, and the duty owning by defendant to him was not that high degree of skill and care which it owed to passengers, but the duty of exercising ordinary care' to avoid injuring him. Higgins v. Railroad, 36 Mo. 418; Lovell v. Howell, L. R. 1 O. P. Div. 161-169; State to use v. Railroad, 63 Md. 433; Washburn v. Railroad, 3 Head 638, 75 Am.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The plaintiff was not a passenger on defendant’s train, and the duty owning by defendant to him was not that high degree of skill and care which it owed to passengers, but the duty of exercising ordinary care' to avoid injuring him. Higgins v. Railroad, 36 Mo. 418; Lovell v. Howell, L. R. 1 O. P. Div. 161-169; State to use v. Railroad, 63 Md. 433; Washburn v. Railroad, 3 Head 638, 75 Am. Dec. 784; Railroad v. Britz, 72 111. 256; Heine v. Railroad, 58 Wis. 525, 17 N. W. 420; Cap-per v. Railroad, 103 Ind. 305, 2 N.…
1Opinion of the CourtNortoni, J.
The plaintiff was in the employ of the defendant as toolhouse foreman and had been for several years. His duties consisted in part, at least, in caring for the defendant’s tools, etc. Among other things, it was his duty to accompany defendant’s men who were engaged in disposing of wrecks on the line of its road and assist in clearing up such wrecks and looking after the tools, etc. He was therefore frequently called out on the line of defendant’s railroad in the discharge of such duties as pertained to this employment. A wreck having occurred on the defendant’s line, the plaintiff was…
2Cases cited10 opinions
- Blanton v. DolbSupreme Court of Missouri · 1891
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- St. Louis, Arkansas & Texas Railway Co. v. WelchTexas Supreme Court · 1888
- Higgins ex rel. Higgins v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
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3Cited by7 opinions
- Gordon v. Muehling Packing Co.Supreme Court of Missouri · 1931
- Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
- Jenkins v. Wabash Railway Co.Supreme Court of Missouri · 1934
- Williamson v. St. Louis & Meramec RailroadMissouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.