Legal Opinion

Richmond v. Quincy, Omaha & Kansas City Railway Co.

Missouri Court of Appeals

Decided April 4, 1892PublishedCited by 6 opinions

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

  1. H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
  2. Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
  3. Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
  4. Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
  5. Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879

11 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Hibbler v. Kansas City Railways Co.Supreme Court of Missouri · 1922
  2. Ballard v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1892
  3. Gress v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1904
  4. Owens v. Wabash Railway Co.Missouri Court of Appeals · 1900
  5. Hecker v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1904

1 more not listed; retrieve them via the Exa API.

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