Gerstle v. Union Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson. Circuit Court, Hon. Turner A. Gill, Judge. The case and facts are stated in the opinion. The court erred in giving instructions for plaintiff against defendant’s, objection, and in refusing instructions offered by defendant. I. The instructions asked for by defendant and refused by the court, all, in effect, declared as matter of law, that plaintiff was guilty of contributory negligence in being on the platform when the train was in motion.
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Appeal from Jackson. Circuit Court, Hon. Turner A. Gill, Judge. The case and facts are stated in the opinion. The court erred in giving instructions for plaintiff against defendant’s, objection, and in refusing instructions offered by defendant. I. The instructions asked for by defendant and refused by the court, all, in effect, declared as matter of law, that plaintiff was guilty of contributory negligence in being on the platform when the train was in motion. Those given by the court left it to the jury to determine whether he-was, under the circumstances, guilty of negligence. The court…
1Opinion of the CourtEllison, J.
The evidence in this case shows that the respondent received the injuries for which the suit is brought, under the following circumstances: He was a traveling man, and a passenger on defendant’s train from Hays City, Kansas, westward. This train stopped at Ellis for supper. Before its arrival at Hays, some tramps were discovered stealing their passage on the train. After his supper at Ellis, being just after dark in the evening, the respondent seated himself in the smoking car, which was next to the baggage car, and the train started. The train men immediately discovered the same tramps on…
2Cases cited2 opinions
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Burns v. Bellefontaine Railway Co.Supreme Court of Missouri · 1872
3Cited by6 opinions
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Willmott v. Corrigan Consolidated Street Railway Co.Supreme Court of Missouri · 1891
- Choate v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
- Johnson v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1909
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