Missouri Pacific Transportation Co. v. Schmitz

This is a suit by appellee, a passenger, against appellant, a common carrier, to recover damages sustained by him by reason of appellant’s failure to carry him safely to his destination.

Appellant defended upon the ground that, although it failed to safely carry appellee to his destination, he, the passenger, failed to exercise ordinary care to prevent the alleged injury and damage which he suffered.

The cause was submitted to a jury upon the complaint, answer and testimony introduced by the respective parties which resulted in a verdict and judgment against appellant for $100.16, from which is…