Gilliland v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This is an action to recover damages against the defendant — a railroad corporation — for negligently killing a cow belonging to plaintiff.
Read the full summary
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This is an action to recover damages against the defendant — a railroad corporation — for negligently killing a cow belonging to plaintiff. The petition alleges two acts of negligence ; first, in running the cars through the town of Ladonia at an unusually rapid and dangerous rate of speed, whereby plaintiff’s cow was killed; and, second, in allowing and permitting cobs and corn to remain upon its railroad track at said point, which said corn, etc, was known to attract thither stock, etc.; that…
1Opinion of the CourtPhilips, P. J.
The case being submitted upon an agreed statement of facts, the only question to be determined is, whether on- the law, as applied to these facts, the judgment of the circuit court was for the right party. It being admitted that there is no proof of the alleged negligence in running the train, the verdict of the court must rest alone upon the question of defendant’s liability for the imputed negligence in permitting corn, etc., to be in and about the railroad track.
The agreed statement shows that the only agency which the defendant had in the events which led to the injury of the plaintiff’s…
2Cases cited3 opinions
- Gage v. GatesSupreme Court of Missouri · 1876
- Norton v. E. WiswallNew York Supreme Court · 1858
- Brink v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1885
3Cited by18 opinions
- Gordon v. PeltzerMissouri Court of Appeals · 1894
- Consolidated Electric Light & Power Co. v. KoeppSupreme Court of Kansas · 1902
- Henry v. the First Nat'l Bk. of Kansas CityMissouri Court of Appeals · 1938
- Missouri-Kansas-Texas Railroad Company v. FreerMissouri Court of Appeals · 1959
- Meloy v. City of Santa MonicaCalifornia Court of Appeal · 1932
13 more not listed; retrieve them via the Exa API.