Kimball v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Ho». H. C. Pepper, Judge. (1) The evidence on the part of the plaintiff'was not sufficient to support a verdict in his favor, and the court should have sustained the demurrer at the close of the evidence in his behalf. There was no proof that the animal was struck within the right of way inclosure.
Read the full summary
Appeal from Lawrence Circuit Court. — Ho». H. C. Pepper, Judge. (1) The evidence on the part of the plaintiff'was not sufficient to support a verdict in his favor, and the court should have sustained the demurrer at the close of the evidence in his behalf. There was no proof that the animal was struck within the right of way inclosure. All of the evidence showed that the carcass was found in the public road at the point where the same crossed the railroad, and other evidence tended to-prove that she was struck there, which being the case, raised the presumption that the animal went upon the…
1Opinion of the CourtGoode, J.
Action to recover double damages for the killing of respondent’s cow by one of appellant’s locomotives on August 9,1900.- The cow was pastured in a triangular field held by N. C. Davis as a leasehold, and the morning of the day she was killed was driven to the pasture by plaintiff’s children where she was seen that morning by a witness named Leftwich, who later in the day saw her on the railroad right of way. The pasture contained about three acres of land, was bounded on the west and south by public wagon roads intersecting at right angles, the pasture being in the northeast angle of said…
2Cases cited2 opinions
- Snider v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
3Cited by2 opinions
- Fort Worth & Rio Grande Railway Co. v. SwanTexas Supreme Court · 1904
- Saccamonno v. Great Northern Railway Co.Idaho Supreme Court · 1917