Duncan v. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from. Wayne Circuit Court. — Hon. Frank II. Bearing, Judge. The court erred in giving instruction numbered 2 for plaintiff. This instruction is not the law. It wholly leaves out a fact which was clearly established beyond dispute, that the switch or spur in question was intersected by a public road and public crossing. Wright v. Railroad, 56 Mo.
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Appeal from. Wayne Circuit Court. — Hon. Frank II. Bearing, Judge. The court erred in giving instruction numbered 2 for plaintiff. This instruction is not the law. It wholly leaves out a fact which was clearly established beyond dispute, that the switch or spur in question was intersected by a public road and public crossing. Wright v. Railroad, 56 Mo. App. 373. Where stock is killed on a railroad switch at a point where it is necessary to keep the road open in order to transact business with the public, and where said road is not fenced, the company is liable without proof of negligence.…
1Opinion of the Court
BLAND, P..J.
(after stating the facts). — 1. Appellant’s .counsel strenuously contends that instruction numbered one given for plaintiff is erroneous. It reads as follows:
“The court instructs the jury that if you find and believe from the evidence in this case that the plaintiff, Lee P. Duncan, on or about the first day of November, 1903, was the owner of the two horses described in the first count of plaintiff’s petition, and that they went in and upon the track of the defendant’s railroad near mile post 140 in Mill Springs township, Wayne county, Missouri, at a place not within an…
2Cases cited19 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Plunkett v. Minneapolis, Sault Ste. Marie & Atlantic Railway Co.Wisconsin Supreme Court · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Schoonover v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1921
- Bridges v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1908
- Foster v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1905
- Dorsey v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.