79 Mo. App. 257 | Mo. Ct. App. | 1899
The plaintiff filed the following statement in a justice’s court:
“The plaintiff states that on or about the 2nd day of July, 1897, the defendant, a corporation under the laws of the State of Missouri, owning and operating a line of railroad between Campbell, in Dunklin county, and Caruthersville, in Pemiscot county, State of Missouri, did injury to the plaintiff as follows: That is to say, the plaintiff had purchased a ticket over the road of defendant, from Pascóla, to Hayti, all in Pemiscot county, State of Missouri; after purchasing said ticket, the plaintiff started from the platform of the depot at Pascóla to the train then standing on the track near said depot; while plaintiff was passing an engine of said defendant, then standing about twenty feet from said plat
The -answer was a general denial, and a plea of contributory negligence. There was a trial and judgment before the justice and an appeal to the circuit court, where plaintiff recovered $150, from which this appeal is taken by the defendant.