Cathcart v. Hannibal & St. Joseph Railway Co.
Missouri Court of Appeals
Appeal from Caldwell Circuit Court, Hon. James M. Davis, Judge. The facts are stated in the opinion. I. Defendant’s demurrer to the evidence should have been sustained. There was no proof that the animal was struck on the crossing, nor that it was struck by the engine, nor that defendant’s servants failed to ring the bell. R. R. Go. v. Seeley, 24 Kansas 266. II. The court erred in giving instruction two asked by plaintiff.
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Appeal from Caldwell Circuit Court, Hon. James M. Davis, Judge. The facts are stated in the opinion. I. Defendant’s demurrer to the evidence should have been sustained. There was no proof that the animal was struck on the crossing, nor that it was struck by the engine, nor that defendant’s servants failed to ring the bell. R. R. Go. v. Seeley, 24 Kansas 266. II. The court erred in giving instruction two asked by plaintiff. It erroneously required that both the bell should be rung and the whistle should be sounded. Sect. 806, Rev. Stat. ; Turner v. R. R. Co., 78 Mo. 579. It did not require the…
1Opinion of the CourtPhilips, P. J.
This is an action against the defendant railway company, to recover damages for killing a steer, the property of the plaintiff. The averments of the petition are, that the animal was killed by a locomotive or train of cars at a point where defendant’s track crosses a public road ; and that defendant neglected to sound the whistle or ring the bell on its engine as by statute required on approaching said crossing. Plaintiff recovered judgment, from which defendant has appealed.
I. It is claimed by respondent in his brief that this is the same case reported in 76 Mo. 494; and that, inasmuch as…
2Cases cited4 opinions
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Haas v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1882
- Alexander v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1882
3Cited by9 opinions
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Butler v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- State ex rel. C. S. Essex v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1897
- Bennett v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
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