Doss v. Missouri, Kansas & Texas R. R.
Supreme Court of Missouri
JLppeal from Yernon Circuit Court. I. Respondent was not a passenger, nor is it averred that he entered the appellant’s cars under any contract with or by permission of appellant, nor that it was necessary for him to have gone on the train. Hence the petition is bad. (Lucas Adm’r vs. Taunton & N. R. R. Co., 6 Gray, 64, 66.) II. Appellant was under no obligation to give him signals of starting.
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JLppeal from Yernon Circuit Court. I. Respondent was not a passenger, nor is it averred that he entered the appellant’s cars under any contract with or by permission of appellant, nor that it was necessary for him to have gone on the train. Hence the petition is bad. (Lucas Adm’r vs. Taunton & N. R. R. Co., 6 Gray, 64, 66.) II. Appellant was under no obligation to give him signals of starting. Neither the custom of the railroads nor the courts have ever given these signals any such office. (Lucas, Adm’r vs. T. & N. R. R. Co., 6 Gray 67.) III. Respondent’s own negligence contributed to his…
1Opinion of the CourtNapton, Judge
This action was to recover damages for an injury sustained by plaintiff in stepping down from one of defendant’s cars to the platform connected with the station house.
The petition states that defendant, as a common carrier, was bound to provide suitable means of ingress and egress in and from their cars, and suitable platforms, from which passengers could pass into said cars, so that passengers could pass' with safety into the cars, and more especially into the car: provided for female passengers; and that it was their duty to stop said car, so set apart for female passengers, at such…
2Cases cited5 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
- Perkins v. Mo., K. & T. R. R.Supreme Court of Missouri · 1874
- Wyatt v. Citizens Railway Co.Supreme Court of Missouri · 1874
- Burham v. St. Louis & I. M. RailroadSupreme Court of Missouri · 1874
3Cited by67 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Indiana, Bloomington & Western Railway Co. v. BarnhartIndiana Supreme Court · 1888
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Baltimore & Ohio Southwestern Railroad v. SlaughterIndiana Supreme Court · 1906
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