84 Mo. 481 | Mo. | 1884
The plaintiff sued the defendant for damages for killing two mules, and alleged, amongst other things, that defendant’s track passed diagonally across Monterey street, in St. Joseph. That the grounds surrounding their depot were open public grounds of de
A witness on the part of the plaintiff testified that the following plat “showed pretty well the situation at the place spoken of.” That the blue in the plat was macadamizing placed there by defendant; that plaintiff’s team was hauling wood from defendant’s track at H, where he loaded, and which had been delivered by defendant to one Perry, as consignee, to be delivered to persons in the city to whom it had been sold by Perry. That the main traveled way was on the macadam along-the line of the defendant’s track to Monterey street, and thence across the bridge track at E. That at the point, I, where the accident occurred, was a place used as a crossing by the ’buses and carriages and wagons, which were going from and coming to the defendant’s depot and grounds upon business with defendant, such as delivering and transporting passengers to and from defendant’s depot and grounds, and delivering and receiving freight to and from defendant; that this crossing, or traveled way had been used similarly for years, with the knowledge of defendant, and without objection. The evidence further tended to prove the allegations of the
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II. Wharton, in his work on the Law of Negligence (section 821), says: “In prior sections we have had occasion to define the relations of railway companies to persons, whether customers, visitors, or trespassers, passing over their platforms and approaches. Such approaches must be kept in safe condition for the use of persons having business with the company, as well as for its particular customers. It has been even said, that ‘they’ (railroad corporations) ‘are bound to keep in a safe condition all portions of their platforms, and approaches thereto, to which the public do or would naturally resort, and all portions of their station grounds reasonably near the platform, where passengers, or those who have purchased tickets with a view to take passage on their cars, would naturally or ordinarily be likely to go.’ ” Dillon, C. J., in McDonald v. R. R., 26 Iowa 124; 29 Iowa 170 ; 89 Ind. 586. “ So far as concerns persons having business with the company, this is indnbitably time. So far as concerns persons, however, who may visit the platforms or grounds of the company from curiosity, or for personal convenience, without any business with
The evidence in the case at bar strongly tends to show that there was some sort of crossing where.the injury occurred, used by those having business with the company, in transporting passengers and freight to and from its depot and grounds, and that that fact was necessarily known to the company, and the crossing used for a long time without objection from the defendant, and at least tacitly with its consent. The evidence strongly tends to show that the injured team was on defendant’s grounds, in pursuance of business being transacted with the company. These facts would seem to bring this case within the rule founded in justice and necessity, and illustrated in many adjudged cases, that where one is not a mere licensee, but engaged with the consent of the railway company in a transaction of common interest to. both, and is injured by a failure of the company to maintain its grounds and crossings and depot, in a reasonably safe condition, the railway would be liable. Holmes v. N. E. Ry. Co., 4 Ex. L. R. 254; 1 Thompson on Negligence, 313; Bennett v. Ry. Co., 102 U. S. 577. On the other hand, no duty is imposed by law upon the owner to keep his premises in a condition to prevent injury to those who come there solely for their own convenience or pleasure, or those who are not either expressly invited to enter, or induced to come upon them by the purposes for which the premises are appropriated and occupied, or by some preparation or adaptation of the place for use
The same doctrine is maintained in Vanderbeck et al. v. Hendry, 34 N. J. 467, and in Illinois Cent. Ry. Co. v. Godfrey, 71 Ill. 500, and, indeed, there is no variance in the rule laid down in any authority cited by the plaintiff or defendant, nor anywhere else, that I have been able to find. The only controversy being that the facts in evidence do not justify the instructions given by the circuit court, we are clearly of opinion that the evidence warranted fully the instructions given, which are upon the theory that a railroad company which holds out an inducement or invitation to the public to enter and leave its depot grounds, by a way, or crossing, or road, by means of which the public are induced to, and do, pass upon and off from its said depot grounds, is bound to make and keep such way, or crossing, or path, reasonably safe for such travel, and that that invitation or inducement may be express or implied from the acts and conduct of the railway company.
The judgment of the circuit court is affirmed.