Barr v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from the Shelby Circuit Court, Hon. Theodore Brace, Judge. Defendant’s demurrer to the evidence should have been given. Meyer v. Railroad, 64 Mo. 542 ; Holman v. Railroad, 62 Mo. 562; Braxton v. Railroad, 77 Mo. 457; Harlan v. Railroad, 18 Mo. App. 483 ; Fitzgerald v. Railroad, 18 Mo. App. 391; Sloop v. Railroad, 22 Mp. App. 593; Grow v. Railroad, 23 Mo. App. 357; Young v. Railroad, 79 Mo. 336 ; MiTburn v. Railroad, 21 Mo. App. 431; Welch v. Railroad, 20 Mo.
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Appeal from the Shelby Circuit Court, Hon. Theodore Brace, Judge. Defendant’s demurrer to the evidence should have been given. Meyer v. Railroad, 64 Mo. 542 ; Holman v. Railroad, 62 Mo. 562; Braxton v. Railroad, 77 Mo. 457; Harlan v. Railroad, 18 Mo. App. 483 ; Fitzgerald v. Railroad, 18 Mo. App. 391; Sloop v. Railroad, 22 Mp. App. 593; Grow v. Railroad, 23 Mo. App. 357; Young v. Railroad, 79 Mo. 336 ; MiTburn v. Railroad, 21 Mo. App. 431; Welch v. Railroad, 20 Mo. App. 477. Plaintiff’s first instruction is too general. The question of negligence is thereby referred to the jury. Yarnall v.…
1Opinion of the CourtThompson, J.
This action was commenced before a justice of the peace to recover damages for killing the plaintiff’s cow. A trial in the circuit court resulted in a verdict and judgment for the plaintiff for fifty dollars, the value of the cow as shown by uncontroverted evidence. In the statement originally filed there was a statutory count, and also a common-law count grounded on negligence. The *251circuit court sustained a demurrer to the statutory count, but overruled it as to the common-law count. The cause thus went to trial upon the common-law count alone. After stating the incorporation of the…
2Cases cited9 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Huckshold v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Robertson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Holman v. Chicago, Rock IsLand & Pacific RailroadSupreme Court of Missouri · 1876
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3Cited by2 opinions
- McNulty v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1907
- Wasson v. McCookMissouri Court of Appeals · 1899