Averill v. Santa Fe Receivers
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. J. T. Morris, Special Judge. (1) Instruction number 2 given for plaintiff was erroneous in tbat it made the defendants liable if they might have seen the animal in time to prevent a collision. Hoffman v. R’y, 24 Mo. App. 546; Brooks v. R’y, 27 Mo. App. 573; Jewett v. R’y, 38 Mo. App. 48; Welch v. By, 20 Mo.
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Appeal from the Carroll Circuit Court. — Hon. J. T. Morris, Special Judge. (1) Instruction number 2 given for plaintiff was erroneous in tbat it made the defendants liable if they might have seen the animal in time to prevent a collision. Hoffman v. R’y, 24 Mo. App. 546; Brooks v. R’y, 27 Mo. App. 573; Jewett v. R’y, 38 Mo. App. 48; Welch v. By, 20 Mo. App. 477; Wallace v. By, 74 Mo. 594. (2) Instruction number 2 given for plaintiff was erroneous in making defendants liable for a failure to exercise ordinary care, when in fact it was only liable for gross and wanton negligence. Windsor v. By,…
1Opinion of the CourtEllison, J.
Statement This action is for killing a cow by striking her with one of defendant’s engines attached to a train of ears. The killing was.at a place within the corporate limits of the town of Carroll-ton, at a point where the defendant could not fence its tracks. There was an ordinance in force in said town prohibiting cattle from running out. The plaintiff had turned the cow at large that she might go alone to get water at a pond near by. She had been at large near one hour when struck.
There was also an ordinance of said town prohibiting the running of trains within the corporate limits at a…
2Cases cited7 opinions
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Hill v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1889
- Hoffman v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
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3Cited by3 opinions
- Atterberry v. Wabash Railway Co.Missouri Court of Appeals · 1904
- Windle v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
- Averill v. McCookMissouri Court of Appeals · 1900