English v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackelford, Judge. The court erred in admitting evidence as to the damage done to the buggy by the horse kicking the same, after the accident. Also as to the damage done to the horse, by reason of its becoming frightened, and injuring itself by its own vicious propensities.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackelford, Judge. The court erred in admitting evidence as to the damage done to the buggy by the horse kicking the same, after the accident. Also as to the damage done to the horse, by reason of its becoming frightened, and injuring itself by its own vicious propensities. Also as to the depreciation in the value of the horse as a driver or buggy horse, from having been spoiled as Such by fright, and from having become a kicking and unruly horse. The court also erred in giving plaintiff’s third declaration of law and in refusing defendant’s…
1Opinion of the Court
(i-ILL, ~J.-Plaintiff sued the defendant for damages done to his horse arid buggy while passing over a crossing at the village of Bunceton. On a trial before the court without a jury plaintiff had judgment for ~1O8 and defendant appealed.
The facts are practically undisputed, the sole question being as to the proper measure of damages. While plaintiff was driving his horse and buggy over the crossing, a tire or felloe of one of the wheels caught under the flange or head of a large spike put in by the railroad company to hold the boards in place, causing the buggy to be suddenly thrown or…
2Cited by1 opinion
- Cookman v. NillMissouri Court of Appeals · 1899