Winkler v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Wayne County Circuit Court, Jasper N. Morrison, Special Judge. The court erred in permitting any evidence to be introduced to the jury of injuties to the plaintiff’s person resulting from a fall upon the trestle while walking back from the point to which he had been carried beyond his destination. Such injuries were not the natural, necessary, and proximate effect of the alleged breach of contract, but the result of pure accident. Pullman Pal.
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Appeal from the Wayne County Circuit Court, Jasper N. Morrison, Special Judge. The court erred in permitting any evidence to be introduced to the jury of injuties to the plaintiff’s person resulting from a fall upon the trestle while walking back from the point to which he had been carried beyond his destination. Such injuries were not the natural, necessary, and proximate effect of the alleged breach of contract, but the result of pure accident. Pullman Pal. Car Co. v. Barker, 4 Col. 344; Lewis v. Railroad, 18 Am. & Eng. Ry. Cases, 263; Advance case, Mich. June 11, 1884; Hobbs v. Railroad,…
1Opinion of the CourtThompson, J.
This was an action for damages tried before Jasper, *102N. Morrison, special judge. Under proper allegations' in his petition the plaintiff gave evidence to the effect that he was a passenger on a train of the defendant, holding a ticket which he had purchased of the defendant, which entitled him to be put off at Mill Springs that when he heard the station “Mill Springs” called through the car, he got up and started to get out at the-front end of the coach, but was directed to get out at the rear end. What next happened, according to his own testimony, was as follows : “I turned back and got off…
2Cases cited6 opinions
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Kent v. MiltenbergerMissouri Court of Appeals · 1883
- Evans v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1882
- Owen v. O'ReillySupreme Court of Missouri · 1855
- Brown v. EmersonSupreme Court of Missouri · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- St. Louis S. F. R. Co. v. DavisSupreme Court of Oklahoma · 1913
- Kennedy v. HolladayMissouri Court of Appeals · 1887
- Pierce v. Inhabitants of LutesvilleMissouri Court of Appeals · 1887
- Benson v. Central Pacific RailroadCalifornia Supreme Court · 1893
- Ky. & Ind. Bridge & R. R. v. BucklerCourt of Appeals of Kentucky · 1907
6 more not listed; retrieve them via the Exa API.