Ward v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court . — Hon. J. W. Halliburton, Special Judge. A passenger carrier is not liable for mere accidents or casualties which reasonable prudence could not foresee. 2 Hutchinson on Carriers (3 Ed.), secs. 900, 927; Ham v. Railroad, 24 S. E. 152; Murphy v..
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Appeal from Jasper County Circuit Court . — Hon. J. W. Halliburton, Special Judge. A passenger carrier is not liable for mere accidents or casualties which reasonable prudence could not foresee. 2 Hutchinson on Carriers (3 Ed.), secs. 900, 927; Ham v. Railroad, 24 S. E. 152; Murphy v.. Railroad, 15 S. E. 774. (1) A railroad company, engaged in carrying passengers is required, so far as it is capable, by human care and foresight, to carry them safely, and it is responsible for all injuries to its passengers arising from even the slightest negligence on its part. Siegel v. Railroad, 172 S. W.…
1Opinion of the CourtSturgis, J.
Plaintiff sues for alleged personal injuries received by him while a passenger on one of •defendant’s trains running from Kansas City, Missouri, to Joplin, Missouri. According to the evidence most favorable to plaintiff, the injury occurred as the "train approached Joplin early in the morning; that plaintiff went into the toilet of the chair car, the door ■of which opened inwardly, and after using the stool was .just arising therefrom and while yet in a stooping position leaning forward the colored porter on the train suddenly and violently pushed the door open, causing "the same to strike…
2Cases cited7 opinions
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
- Dorsey v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1900
- Price v. PriceSupreme Court of Georgia · 1892
- Romine v. Evansville & Terre Haute RailroadIndiana Court of Appeals · 1900
- Siegel v. Illinois Central RailroadMissouri Court of Appeals · 1915
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