Foster v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from McDonald Circuit Court. — Hon. Henry G. Pepper, Judge. (1) We contend there is no evidence here on which to base the inference that plaintiff’s animal got on the track at.and by reason of an insufficient cattle guard or a defective fence. Gordon v. Railroad, 44 Mo. App. 201; Brown v. Railroad, 20 Mo. App. 222; Logan v. Railroad, 96 Mo. App. 461, 70 S. W. 734; Herbert v. Company, 80 S. W. 978; Banks v. Railroad, 40 Mo'. App. 458;Wal-ton v. Railroad, 32 Mq.
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Appeal from McDonald Circuit Court. — Hon. Henry G. Pepper, Judge. (1) We contend there is no evidence here on which to base the inference that plaintiff’s animal got on the track at.and by reason of an insufficient cattle guard or a defective fence. Gordon v. Railroad, 44 Mo. App. 201; Brown v. Railroad, 20 Mo. App. 222; Logan v. Railroad, 96 Mo. App. 461, 70 S. W. 734; Herbert v. Company, 80 S. W. 978; Banks v. Railroad, 40 Mo'. App. 458;Wal-ton v. Railroad, 32 Mq. App. 636. “To make the defendant liable for the killing of the cow, it must be referable to some omission of duty, or, which is…
1Opinion of the CourtBland, P. J.
(after stating the facts). — The fact that respondent’s horse got upon appellant’s right of way and was struck by its locomotive and train and so badly injured that it had to be killed, and was killed and buried by appellant’s section men, is not in dispute; nor was the respondent’s evidence, that the horse was of the value of one hundred dollars, controverted by appellant oh the trial.
The main points relied on by appellant for a reversal of the judgment are: first, there is no substantial evidence showing at what point of appellant’s railroad the horse got on the right of way, and second,…
2Cases cited2 opinions
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Duncan v. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1905
3Cited by5 opinions
- Schoonover v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1921
- Missouri Pacific Rld. Co. v. State Corporation Comm.Supreme Court of Kansas · 1970
- Hay v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Welch v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Brandon v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910