Hyde v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Pettis Circuit Coivrt. — Hon. Eichard Field, Judge. Plaintiff’s action is for personal injuries, caused by alleged negligence of defendant. It is met by a denial of tbe negligence, and a charge of contributory negligence on plaintiff’s part. At a trial) the court instructed the jury that plaintiff was not entitled to recover, whereupon he took a nonsuit with leave, etc. After unsuccessful motions to set that result aside, plaintiff appealed in due course.
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Appeal from Pettis Circuit Coivrt. — Hon. Eichard Field, Judge. Plaintiff’s action is for personal injuries, caused by alleged negligence of defendant. It is met by a denial of tbe negligence, and a charge of contributory negligence on plaintiff’s part. At a trial) the court instructed the jury that plaintiff was not entitled to recover, whereupon he took a nonsuit with leave, etc. After unsuccessful motions to set that result aside, plaintiff appealed in due course. His evidence established the following facts: The defendant’s railroad passes through Sedalia nearly east and west. Engineer…
1Opinion of the CourtBarclay, J.
The circumstances of plaintiff’s injury are fully shown in the statement of facts introducing the-report of this case.
The accident occurred in the “yards” of defendant at Sedalia. It seems that many people were in the habit of walking- along the tracks there, but the acquiescence essential to give such use the character of a license did not appear. It was plainly wanting. Defendant continuously objected to the practice, had notices posted forbidding it, and, for a time, had a special watchman to warn people away.
On such a showing, there is no just foundation for an inference that defendant…
2Cited by16 opinions
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Muncie Electric Light Co. v. JoliffIndiana Court of Appeals · 1915
- Everett v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
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