Owens v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from the Randolph Circuit Court.—Hon. John A. Hochaday, Judge. (1) The demurrer to the evidence should have been sustained. Plaintiff knew the danger that he was incurring and assumed the risk. Nelson v. Railroad, 68 Mo. 593; Price v. Railway, 72 Mo. 418; Richmond v. Railway, 49 Mo. App. 107; Jackson v. Railway, 29 Mo. App. 499; Weber v. Railway, 100 Mo. 202; Murphy v. Railway, 43'Mo.
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Appeal from the Randolph Circuit Court.—Hon. John A. Hochaday, Judge. (1) The demurrer to the evidence should have been sustained. Plaintiff knew the danger that he was incurring and assumed the risk. Nelson v. Railroad, 68 Mo. 593; Price v. Railway, 72 Mo. 418; Richmond v. Railway, 49 Mo. App. 107; Jackson v. Railway, 29 Mo. App. 499; Weber v. Railway, 100 Mo. 202; Murphy v. Railway, 43'Mo. App. 351. (2) The defendant was not responsible for the advice given to the plaintiff by the man in uniform, without proof, first, that the man was then in the employ of the defendant, and second, that…
1Opinion of the CourtSmith, P. J.
This is an action which was brought to recover damages for personal injuries received by plaintiff on account of the negligence of the defendant. The case disclosed by the evidence, shortly stated, is about this:
The plaintiff purchased a round-trip ticket over the defendant’s railway from Huntsville to St. Louis and return. The train on which the plaintiff returned consisted of ten passenger cars, whose aggregate lengths was about two hundred yards. It did not reach Huntsyille until two o’clock in the night. It stopped from two to four minutes, but the plaintiff who was in a car towards the…
2Cases cited13 opinions
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
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3Cited by1 opinion
- Reed v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1904