Legal Opinion

State ex rel. Mo. Pac. Ry. Co. v. Atkinson

Supreme Court of Missouri

Decided January 29, 1917PublishedCited by 6 opinions

Appeal from Cole Circuit Court. — Row. J. G. Slate, Judge. (1) No common-law duty requires a railroad company, in the performance of its obligations as a common carrier, to transport, with its passenger trains, either express or sleeping cars, and, in the absence of a statute requiring such service, it has a legal right to refuse to provide such accommodations. Coleman v. Pac.

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Appeal from Cole Circuit Court. — Row. J. G. Slate, Judge. (1) No common-law duty requires a railroad company, in the performance of its obligations as a common carrier, to transport, with its passenger trains, either express or sleeping cars, and, in the absence of a statute requiring such service, it has a legal right to refuse to provide such accommodations. Coleman v. Pac. Railroad, 89 Atl. 87; D. & R. G. Railroad v. Wahn, 11 L. R. A. (N. S.) 432, 89 Pac. 39; Russell v. Railroad, 61 N. E. 678; McDermon v. Railroad, 122 Fed. 669. (2) There is no statute in force in this. State requiring…

1Opinion of the CourtGraves, C. J.

Since 1872 the Missouri Pacific Railway Company has owned and operated a line of railroad from Joplin, Missouri, to Pleasant Hill, Missouri, at which point it connected with the main line from St. Louis to Kansas City. During most of this long time and up to about April 11, 1915, it maintained a Pullman car service, by having a Pullman car attached to one of its trains leaving St. Louis, and by having this car detached at Pleasant Hill, and then attached to a train running from Kansas City to Joplin. A like arrangement was had for east-bound passengers, by having a Pullman car attached to a…

2Cases cited6 opinions

  1. Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
  2. Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
  3. New York & New England Railroad v. BristolSupreme Court of the United States · 1894
  4. Missouri Pacific Railway Co. v. Kansas Ex Rel. Railroad CommissionersSupreme Court of the United States · 1910
  5. Corporation Commission v. RailroadSupreme Court of North Carolina · 1904

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3Cited by6 opinions

  1. Lusk v. Public Service CommissionSupreme Court of Missouri · 1919
  2. State ex rel. Missouri, Kansas & Texas Railway Co. v. Public Service CommissionSupreme Court of Missouri · 1919
  3. State ex rel. Buffum Telephone Co. v. Public Service CommissionSupreme Court of Missouri · 1917
  4. State Ex Rel. City of St. Louis v. Public Service CommissionSupreme Court of Missouri · 1930
  5. State Ex Rel. Stage Lines Co. v. Pub. Serv. Comm.Supreme Court of Missouri · 1933

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