Cornell v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — lion. G. A. Mossman, Judge. (1) An allegation that the wrong complained of consisted in failing to give the passenger an opportunity to alight at the point designated in his contract of carriage is not proven by evidence showing that the conductor undertook to let him off at some other .point, and negligently performed the undertaking.
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Appeal from Buchanan Circuit Court. — lion. G. A. Mossman, Judge. (1) An allegation that the wrong complained of consisted in failing to give the passenger an opportunity to alight at the point designated in his contract of carriage is not proven by evidence showing that the conductor undertook to let him off at some other .point, and negligently performed the undertaking. The variance is one that goes to the entire cause of action, and will not sustain a verdict upon the petition. Earning v. Railway, 157 Mo. 477; Beck v. Ferrara, 19 Mo. 30; Carson v. Cummings, 69 M'o. 325; Hite v. Eailway,…
1Opinion of the CourtBroaddus, P. J.
This is a suit by a passenger to recover damages for injury alleged to have been sustained by reason of the alleged negligence of the carrier.
In his petition plaintiff alleges that on the 25th day of May, 1909, he entered defendant’s passenger *601train at St. Joseph, for the purpose of being transported to Weatherby Crossing; that he paid his fare from the initial to the terminal point mentioned, to the conductor and that thereby it became the defendant’s 'duty as a common carrier of passengers to safely transfer him to his destination; and that when he entered the train and paid his fare he was…
2Cases cited6 opinions
- McGinnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Boling v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1905
- Dorsey v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1900
- O'Donnell v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- Anderson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
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