Harris v. Hannibal & St. J.R. Co.

• Decision Date: 21 June 1886
• Citation: 89 Mo. 233
• Parties: HARRIS v. HANNIBAL & ST. J. R. CO.
• Court: Missouri Supreme Court

89 Mo. 233

HARRIS

v.HANNIBAL & ST. J. R. CO.

Supreme Court of Missouri.

June 21, 1886.

Appeal from Marion circuit court.

Action to recover damages for personal injuries sustained by plaintiff while riding in the caboose of defendant's freight train. Defense, contributory negligence. Verdict and judgment for plaintiff, and appeal therefrom by defendant.W. M. Boulware, for respondent, Jacob Harris. G. W. Easley, for appellant, Hannibal & St. J. R. Co.

NORTON, J.

This is an action to recover damages for injuries to plaintiff while a passenger on one of defendant's trains, and alleged to have been occasioned by the carelessness and negligence of defendant's servants in managing the train, whereby he was thrown down on the floor of the car, and seriously injured. The answer was a general denial, and also set up contributory negligence on part of plaintiff. The case is before us on defendant's appeal from the judgment rendered for plaintiff. At the close of plaintiff's evidence defendant asked an instruction by way of demurrer to it, which the court overruled, and this action of the court is assigned as one of the grounds of error.

The only witness on behalf of plaintiff, as to the circumstances under which the injury complained of was inflicted, was the plaintiff himself, who testified, in substance, that he took passage in a caboose attached to one of defendant's freight trains, to be carried from Palmyra to West Quincy; that the train, before reaching the depot at West Quincy, stopped about a quarter of a mile therefrom; that 10 or 15 minutes after it stopped he got up to see if he was to get off there, it occurring to him that he had seen a notice that passengers would be expected to alight when the train stopped; that he knew the train was not at the depot; that the train generally went further east towards the depot than it did on this occasion, before it stopped; never had known it to stop so far away to let passengers off; supposed they were going down to the depot, till they remained there longer than usual; that while he was walking to the door of the car a coupling was made, causing a more violent concussion or jar than he ever before experienced, though he had been in the habit of riding on trains for many years, which threw him down on the floor of the car, inflicting the injury for which he sued; that he may have heard the cars moving; that he was thinking of business, and did not notice particularly; that he supposed he could have heard the cars...