Atterberry v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from Macon Circuit Court . — Eon. N. M. Shelton, Judge. Buster v. Railway, 18 Mo. App. 578. (1) They (servants of the railroads) are expected to have their eyes open, and in the vicinity of road crossings, situated as these were, it is their duty to look out and see if stock are on or about the same.' Spencer v. Railroad, 90 Mo.
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Appeal from Macon Circuit Court . — Eon. N. M. Shelton, Judge. Buster v. Railway, 18 Mo. App. 578. (1) They (servants of the railroads) are expected to have their eyes open, and in the vicinity of road crossings, situated as these were, it is their duty to look out and see if stock are on or about the same.' Spencer v. Railroad, 90 Mo. App. 91. (2) The fact that the cow left the crossing and was killed some distance therefrom '-will make no difference: ‘ Hill v. Railroad, 49 Mo. App. 520; Hill v. Railroad, 121 Mo. 477; Harlan v. Railroad, 65 Mo. 22; Beall v. Railway, 97 Mo. App. Ill; Carr v.…
1Opinion of the CourtSmith, P. J.
— This is a common-law action which was commenced by plaintiff against defendant before a justice of the peace to recover damages for the negligent injury by the latter of three cows, the property of the former. . ; j
The evidence tended to prove that the plaintiff's cows were injured within the switch limits of defendant’s station at !the village of Atlanta. When the defendant’s train approached within about four hundred feet of the public crossing at that station the plaintiff’s cows, twelve in number, were being driven east on a street leading over the crossing and were strung' out for…
2Cases cited8 opinions
- Milburn v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Judd v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
- Harris v. Wabash Railway Co.Missouri Court of Appeals · 1892
- Wasson v. McCookMissouri Court of Appeals · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Muck v. HaydenMissouri Court of Appeals · 1913
- Tate v. Wabash Railway Co.Missouri Court of Appeals · 1911
- Weltch v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1915
- Wilkinson v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1910
- Windle v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.