Sowders v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from New Madrid Circuit Court.---Hem. Henry C. Riley, Judge. (1) It is the place where the animal gets on the track and not the place where it is injured or killed, that determines the liability; and the testimony fixes only one point of the animal’s entry, and that was at the public crossing. Bumpas y. Railroad, 103 Mo. App. 206; Dickinson v. Railroad, 103 Mo. App. 335; Redmond v. Railroad, 104 Mo. App. 555; Kimball y. Railroad, 99 Mo.
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Appeal from New Madrid Circuit Court.---Hem. Henry C. Riley, Judge. (1) It is the place where the animal gets on the track and not the place where it is injured or killed, that determines the liability; and the testimony fixes only one point of the animal’s entry, and that was at the public crossing. Bumpas y. Railroad, 103 Mo. App. 206; Dickinson v. Railroad, 103 Mo. App. 335; Redmond v. Railroad, 104 Mo. App. 555; Kimball y. Railroad, 99 Mo. App. 340; Wier v. Railroad, 48 Mo. 558. (2) The evidence that the cow was struck elsewhere than on the crossing, or that she entered upon the railroad…
1Opinion of the CourtNortoni, J.
The defendant appeals from a judgment against it under the double damage act (sec. 1105, R. S’. 1899), for having killed plaintiff’s cow, Avhich, it is alleged, came upon defendant’s track by reason of its failure and neglect to erect and maintain sufficient fen*121ces and cattle-guards as required by the statute mentioned. It appears from the evidence on the theory of plaintiff, that his cow passed from the public road over or through defendant’s cattle-guard adjacent thereto, and inside of the railroad right of way just north of the public road crossing; that while so inside the right of way,…
2Cases cited11 opinions
- Morton v. HeidornSupreme Court of Missouri · 1896
- Ham v. BarretSupreme Court of Missouri · 1859
- Young v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1889
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Hall v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Guthrie v. HolmesSupreme Court of Missouri · 1917
- Douglas v. WhitledgeMissouri Court of Appeals · 1957
- Glassman v. HarryMissouri Court of Appeals · 1914
- Walkeen Lewis Millinery Co. v. JohnsonMissouri Court of Appeals · 1908
- Skinner v. WhitlowMissouri Court of Appeals · 1913
16 more not listed; retrieve them via the Exa API.