Morris v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Booue Circuit Court. — Hon. John A. Hockaday, Judge. (1) There was, therefore, no evidence to warrant the giving of plaintiff’s first instruction, nor to justify a submission of the ease to the jury. (2) That instruction was farther defective in that it did not require the jury to find that the horses were struck on the crossing — in fact did not in any manner refer to the place of the killing at all.
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Appeal from Booue Circuit Court. — Hon. John A. Hockaday, Judge. (1) There was, therefore, no evidence to warrant the giving of plaintiff’s first instruction, nor to justify a submission of the ease to the jury. (2) That instruction was farther defective in that it did not require the jury to find that the horses were struck on the crossing — in fact did not in any manner refer to the place of the killing at all. Maxey v. Railroad, 113 Mo. 1; Gurley v. Railroad, 104 Mo. 211; Dahlstrom v. Railroad, 96 Mo. 99; Wasson v. McCook, 80 Mo. App. 483. (1) Under the respondent’s view of this case the…
1Opinion of the CourtEllison, J.
This action is for damages alleged to have accrued to plaintiff by reason of defendant’s train running against and killing two of his horses. The judgment in the trial court was for plaintiff.
The petition in the cause contains three counts, each charging a killing of the same horses. The second charges that the horses were killed at or near a public crossing in consequence of the negligence of defendant in not ringing the bell or sounding the whistle of its locomotive, and concluded with a prayer for single damages. The third count was for killing in an inclosed field at- a. point where the…
2Cases cited1 opinion
- Wasson v. McCookMissouri Court of Appeals · 1899