Legal Opinion

Chase v. Atchison, Topeka & Santa Fe Railway Co.

Missouri Court of Appeals

Decided December 9, 1908PublishedCited by 7 opinions

Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The defendant, having furnished reasonably safe means of access to its station, is not liable to the plaintiff, Avho did not use the means of access provided.

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Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The defendant, having furnished reasonably safe means of access to its station, is not liable to the plaintiff, Avho did not use the means of access provided. Thompson, Carriers of Passengers, 104; Moore, Carriers, 613; 1 Fetter,-Carriers of Passengers, sec. 47; 4 Elliott, Railroads, sec. 1590; 3 Thompson, Negligence, sec. 2679; Straub v. Soderer, 53 Mo. 38; Schepers v. Union Depot Co., 126 Mo. 665; Schaefer v. Railway, 128 Mo. 64; Robertson y. Railroad, 152 M'o. 382; Gun-derman y. Railway, 58 Mo. App. 370; Randolph y.…

1Opinion of the CourtJohnson, J.

Plaintiff was injured on the station grounds of defendant railway company at Holliday, Kansas, and alleges that his injury was caused by the negligence of defendant. The answer-is a general denial and a plea of contributory negligence. The trial resulted in a yerdict and judgment for plaintiff in the sum of one thousand dollars, and the cause is here on the appeal of defendant.

Defendant’s station at Holliday is on the north side of the tracks of its main line which runs east and west. The town is southwest of the station. North of *658the station and running east and west is the track of a branch…

Also in this document: Dissent.

2Cases cited4 opinions

  1. Barr v. City of KansasSupreme Court of Missouri · 1891
  2. Graney v. City of St. LouisSupreme Court of Missouri · 1897
  3. Diamond v. Kansas CityMissouri Court of Appeals · 1906
  4. Armstrong v. MedburyMichigan Supreme Court · 1887

3Cited by7 opinions

  1. Mayor of Knoxville v. CainTennessee Supreme Court · 1913
  2. Brooks v. Union Depot Bridge & Terminal RailroadMissouri Court of Appeals · 1923
  3. Gibbs v. City of MonettMissouri Court of Appeals · 1912
  4. Morris v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
  5. Lowther v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1924

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