Benton v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the Laclede County Circuit Court, W. J. Wallace, Judge. A refusal to submit proper issues for special findings is error. Todd v. Fenton, 66 Ind. 28 ; Harbough v. Gieott, 33 Mich. 241; Lambert v. McFarland, 7 Nev. 159 ; KnovMon v. Railroad, 59 Wis. 278. “ A party has the right in a jury trial, to have answers returned to specific questions, as to material facts, and a denial of this right is error.”
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Appeal from the Laclede County Circuit Court, W. J. Wallace, Judge. A refusal to submit proper issues for special findings is error. Todd v. Fenton, 66 Ind. 28 ; Harbough v. Gieott, 33 Mich. 241; Lambert v. McFarland, 7 Nev. 159 ; KnovMon v. Railroad, 59 Wis. 278. “ A party has the right in a jury trial, to have answers returned to specific questions, as to material facts, and a denial of this right is error.” Wyandotte v. Gibson, 25 Kan. 236 ; Bent v. Philbrick, 16 Kan. 190 ; 14 Kan. 38. “ When a ques.tion is submitted as to a particular fact, which is pertinent to the issue the court has no…
1Opinion of the CourtRombauer, J.
This suit is one to recover damages for the killing of the plaintiff’s cow by the defendant’s locomotive, in the village of Phillipsburg, and is a common law action for negligence.
There was uncontroverted evidence showing that the cow was struck and killed by one of the defendant’s locomotives attached to a freight train, within the limits of the town of Phillipsburg, and the only controverted fact was, whether or no the accident had been brought about by the negligence of the defendant’s employes in charge of its locomotive or train.
One of the plaintiff’s witnesses testified, that a train…
2Cases cited14 opinions
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Edwards v. Allouez Mining Co.Michigan Supreme Court · 1878
- Todd v. FentonIndiana Supreme Court · 1878
- City of Wyandotte v. GibsonSupreme Court of Kansas · 1881
- Harbaugh v. People ex rel. CicottMichigan Supreme Court · 1876
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3Cited by1 opinion
- Anderson v. McPikeMissouri Court of Appeals · 1890