Waller v. Hannibal & St. Joseph Railroad

Citations

• 83 Mo. 608

Syllabus

<p>1. Railroads : negligence : evidence : In an action against a railroad company for the negligent killing of a passenger on its train, the remarks of the brakeman while assisting her to alight from the train to “Come on, hurry up,” are admissible in evidence as part of the res gestee and as tending to rebut the defence of contributory negligence set up in the answer.</p> <p>2. Carriers, Duty Toward Passengers. A carrier is bound to exercise the strictest vigilance in conveying a passenger to his destination and in setting him down safely.</p> <p>3. Practice : negligence ; when question eor jury. Whether the attempt of a passenger to step from the cars when the train is in motion is, under the circumstances of a particular case, such negligence as will relieve the railroad company from liability for injury occasioned thereby is a question of fact for the jury.</p> <p>4. Practice in Supreme Court: instructions : exceptions. The Supreme Court will not review an instruction where the record fails to show that the action of the court in giving it was excepted to at the time.</p>