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Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 154)

Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 154)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900. Excerpt: ... Bertram v. Peoples Ry. Co. though the train had not stopped a reasonable time. MeMurty v. Railroad, 67 Miss. 601. The same rule of contributory negligence was followed in Vicksburg, etc., Ry. v. Hart, 61 Miss. 468. ln Massachusetts is was held an absolute bar to recovery for a ierson to board a train at a station after it began to move. Harvey v. Railroad, 116 Mass. 269. In Pennsylvania the same doctrine is adhered to. X. Y., etc., Ry. Co. v. Enches, 127 Pa. St. 316. Reach on Contributory Negligence (3 Ed.), 'sec. 140. says: "Though the servants of the company fail to observe the time table notice as to the stopping of a train at a station, that fact does not entitle one to disregard the usual prudential considerations which should govern human action, nor does it subject the railroad company to liability for the consequences of an attempt to get upon a train in motion." ln Iowa it is held that where the attempt is made by permission or direction of the conductor, the burden is on the plaintiff to show that the permission or direction relied on was in accordance with the rules and regulations of the company. Young v. Railroad, 100 Iowa 357. In Swigert v. Han. & St. J. R. R. Co.. 75 Mo. L c. 481. the proposition was disposed of in a line as follows: "Whether the plaintiff was guilty of negligence in attempting to get on the train was a question of fact for the jury, inasmuch as the testimony was conflicting in regard to that matter." The negligence charged in that ease, however, was in not stopping the train long enough for the plaintiff to get on and in starting the train suddenly while the plaintiff was attempting to board it. The case is made to depend upon the principles announced in Straus v. Railroad, 75 Mo.. 185, which was an action for damages for ...


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Product Details
  • ISBN-13: 9781154327496
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 264
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1154327493
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 476 gr


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