Loyd v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Monroe Circuit Court. I. There is no allegation in the petition that the respondent, Lydia M. Loyd, exercised proper care in attempting to aligbt from the coach in which sbe had been riding. This is an affirmative allegation, without which she was not entitled to recover.
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Appeal from Monroe Circuit Court. I. There is no allegation in the petition that the respondent, Lydia M. Loyd, exercised proper care in attempting to aligbt from the coach in which sbe had been riding. This is an affirmative allegation, without which she was not entitled to recover. (Chicago, B. & Q. R. R. vs. Hiizzard, 26 111., 373; Evansville R. R. Co. vs. Dexter, 21 Ind., Ill ; Indianapolis, P. & C. R. R. Co. vs. Keely’s Admr. 23 Ind., 133; Gahagan, Admx. vs. Boston & Lowell R. R. Co., 1 Allen, 187.) II. The respondent’s evidence did not show that she .exercised proper care in alighting…
1Opinion of the CourtNapton, Judge
This suit was to recover damages sustained by Mrs. Loyd in getting off the cars'at Monroe City, where it is alleged the cars of defendant did not stop long enough to enable her and her child to get off with safety, and where, in her attempt to do so, she was thrown, upon the platform of the station and injured, to her damage in the sum of 5,000 dollars.
It appears from the evidence; that the cars did not stop at Monroe City more than a minute; that when the signal was given, the plaintiff started with her child, and some bundles, for the door, and meeting some persons coming on the cars, could…
2Cases cited1 opinion
- Thompson v. North Missouri Rail RoadSupreme Court of Missouri · 1873
3Cited by44 opinions
- City of South Bend v. TurnerIndiana Supreme Court · 1901
- State v. KringSupreme Court of Missouri · 1877
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Austin & Northwestern Railroad v. CluckTexas Supreme Court · 1903
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