Hires v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry O. Riley, Judge. (1) There is no evidence that plaintiff’s cow was struck by a train; on the other hand the evidence is that the cow died from natural causes. The finding of the court that the animal was killed by a train is conjecture, and not supported by the testimony, and the judgment should be reversed. Hesse v. Railroad, 86 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry O. Riley, Judge. (1) There is no evidence that plaintiff’s cow was struck by a train; on the other hand the evidence is that the cow died from natural causes. The finding of the court that the animal was killed by a train is conjecture, and not supported by the testimony, and the judgment should be reversed. Hesse v. Railroad, 86 Mo. App.-168. (2) The facts and circumstances relied upon must constitute substantial evidence, and pass beyond the pale of mere possibility or conjecture. Reed v. Railroad, 121 Mo. App. 575; Shore v. Bridge Co., Ill…
1Opinion of the CourtNortoni, J.
— This is a suit for double damage's alleged to have accrued to plaintiff through defendant’s negligence in failing to construct and maintain fences along its railroad, as required by the statute. Plaintiff recovered and defendant prosecutes the appeal.
■It is conceded defendant’s railroad was unfenced at the point in question and that the locus in quo is outside of any city, town or village, where the statute enjoined the duty of fencing, and is not within the switch limits of any station. The controversy in the case relates alone as to whether or not the proof tends to show defendant’s train…
2Cases cited5 opinions
- Lafferty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Blewett v. Wyandotte, Kansas City & Northwestern Railway Co.Supreme Court of Missouri · 1880
- Shaw v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Seibert v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1880
- Hesse v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1889
3Cited by5 opinions
- Mullery v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1914
- Eggleston v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1914
- Montgomery v. Deering Southwestern Railway Co.Missouri Court of Appeals · 1917
- Scott v. Missouri-Kansas-Texas RailroadMissouri Court of Appeals · 1929
- Scott v. M.-k.-t.R.R. Co.Missouri Court of Appeals · 1929