Richmond v. Quincy, Omaha & Kansas City Railway Co.
Missouri Court of Appeals
Appeal from the Sullivan Circuit Cou/rt. — Hon. Gr. D. Burgess, Judge. ' „ (1) The law is that a passenger who jumps from a railroad train in motion merely to avoid being carried past the station at which he wants to stop, and is thereby injured, cannot recover. Nelson v. Railroad, 68 Mo. 593; Wharton on Negligence, secs. 378-80. And where the plaintiff’s own case shows that the injury occurred by his own negligence the court should direct a nonsuit.
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Appeal from the Sullivan Circuit Cou/rt. — Hon. Gr. D. Burgess, Judge. ' „ (1) The law is that a passenger who jumps from a railroad train in motion merely to avoid being carried past the station at which he wants to stop, and is thereby injured, cannot recover. Nelson v. Railroad, 68 Mo. 593; Wharton on Negligence, secs. 378-80. And where the plaintiff’s own case shows that the injury occurred by his own negligence the court should direct a nonsuit. Wharton on Negligence, sec. 427; 2 Thompson on Trials, 226; Railroad v. Whittaker, 35 Oh. St. 627; Milburnv. Railroad, 86 Mo. 109; Buesching v.…
1Opinion of the CourtSmith, P. J.
This was an action to recover damages for personal injuries. It appears that the plaintiff took passage from Humphreys to Reger-, a station eight miles east. After the train had whistled for Reger station the conductor went back through the caboose and announced in the usual way, “Reger!” The plaintiff got-up off his seat and went back out onto the rear platform of the caboose, and the conductor went the other way toward the front and began . to set the brakes for the purpose of stopping the train. After the caboose had passed the depot some fifty yards, and while' the train was still slowly…
2Cases cited16 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- 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
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hibbler v. Kansas City Railways Co.Supreme Court of Missouri · 1922
- Ballard v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1892
- Gress v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1904
- Owens v. Wabash Railway Co.Missouri Court of Appeals · 1900
- Hecker v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.