Krueger v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court.—Hon. B. P. Oates, Judge. (1) The court erred in giving plaintiff’s first instruction. It authorizes a recovery no matter how slow the train was moving. Defendant has a lawful right to put a trespasser off a slowly moving train, and to use all force necessary to do so.
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Appeal from the Jackson Circuit Court.—Hon. B. P. Oates, Judge. (1) The court erred in giving plaintiff’s first instruction. It authorizes a recovery no matter how slow the train was moving. Defendant has a lawful right to put a trespasser off a slowly moving train, and to use all force necessary to do so. Eailroad v. Mitchell, 56 Kan. 324. (2) It does not submit to the jury the question of fact as to whether the brakeman was employed or directed by defendant to remove trespassers from its freight trains. Earber v. Eailroad, 116 Mo. 81; 2 Wood on Eailway Law, sec. 316; Snyder v. Eailroad, 60…
1Opinion of the CourtEllison, J.
This is an action for personal injury alleged to have been inflicted on plaintiff by defendant’s servants in managing and operating its train. The judgment in the trial court was for plaintiff.
*362It appears that plaintiff before bringing this suit had instituted an action for the same injury in the state circuit court, alleging his damages to be $10,000. That thereupon the defendant, being a nonresident corporation, had the cause transferred to the federal circuit court, as provided by act of congress for the transfer of causes when the sum sued for is $2,000 or more. The case was put on trial…
2Cases cited11 opinions
- Kern v. HuidekoperSupreme Court of the United States · 1881
- Gordon v. LongestSupreme Court of the United States · 1842
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Cox v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Georgia · 1882
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
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3Cited by12 opinions
- Stevens v. LarwillMissouri Court of Appeals · 1904
- Jenks v. CareyCalifornia Court of Appeal · 1933
- Waniorek v. United RailroadsCalifornia Court of Appeal · 1911
- Fox v. Jacob Dold Packing Co.Missouri Court of Appeals · 1902
- Krueger v. Chicago & Alton RailroadMissouri Court of Appeals · 1902
7 more not listed; retrieve them via the Exa API.