Dietrich v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The court erred in giving the plaintifPs instruction numbered one.
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Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The court erred in giving the plaintifPs instruction numbered one. Cecil v. Railroad, 47 Mo. 246; Luckie v. Railroad, 67 Mo. 245; Cunningham v. Railroad, 70 Mo. 202; Hudgens v. Railroad, 79 Mo. 418; Henson v. Railroad, 34 Mo.' App. 636; Montgomery v. Railroad, 90 Mo. 451. (2) We ask the court to note that the instruction required the defendant to have not only a lawful .fence, as described in the fifth instruction, but a fence that was “sufficient to prevent horses, cattle, mules and other animals from getting on its…
1Opinion of the CourtSmith, P. J.
This is an action which was based on section 1105, Revised Statutes 1899, and brought before a justice of the peace to recover damages under that section for injuries to five head of steers, the property of the plaintiff. The plaintiff had judgment in the circuit court, where the cause had been removed by defendant’s appeal. One of the grounds upon which the defendant seeks to reverse the judgment is that the plaintiff’s first instruction is erroneous. It undertook to outline to the jury the duty required of the defendant by said section 1105, but failed to do so in that it told the jury that…
2Cases cited2 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
3Cited by8 opinions
- Myers v. AdlerMissouri Court of Appeals · 1915
- Edlen v. TweedMissouri Court of Appeals · 1956
- Drew v. Wabash RailroadMissouri Court of Appeals · 1908
- Vencill v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Smith v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1907
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