White v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from the Laclede County Circuit Court, W. J. Wallace, Judge. A railroad engineer is not bound to stop the train because a cow gets upon the track. Railroad Go. v. Ghamp, 75 111. 577; Edson v. Ry. Go., 40 Iowa, 47. When animals come suddenly on the track, and there is no time to stop the train before it strikes them, the company is not liable.
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Appeal from the Laclede County Circuit Court, W. J. Wallace, Judge. A railroad engineer is not bound to stop the train because a cow gets upon the track. Railroad Go. v. Ghamp, 75 111. 577; Edson v. Ry. Go., 40 Iowa, 47. When animals come suddenly on the track, and there is no time to stop the train before it strikes them, the company is not liable. Railroad Go. v. Wainseott, 3 Bush. 149 ; Railroad Go. v. Wren, 43 111. 77; Railroad Go. v. Bradfleld, 63 111. 320; Holder v. Railroad Go., 10 Lea. (Tenn.) 176 ; Railroad Co. v. Bayliss, 74 Ala. 150 ; Railroad Co. v. Turner, 41 Ark. 161; Railroad…
1Opinion of the CourtThompson, J.
This action was originally brought before a justice of the peace, for damages for negligently running over and killing the plaintiff ’ s cow by a passenger train of the defendant, near a street crossing within the corporate limits of the town of Lebanon. It is to be borne in mind that the action is not for double damages under the statute for failing to fence, but that it is predicated upon the negligence of the servants of the defendant in charge of the train in running over the cow after the cow got upon the track. The plaintiff had a verdict and judgment.
Two points only are made by the…
2Cases cited1 opinion
- Evans v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1885
3Cited by4 opinions
- Allen v. Chicago, Rock-Island & Pacific Railway Co.Missouri Court of Appeals · 1932
- Barr v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
- State Ex Rel. Kranke v. CalhounMissouri Court of Appeals · 1921
- Igo v. Chicago & Alton RailroadMissouri Court of Appeals · 1889