Smith v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The court erred in giving the instruction, covering the whole ease, on plaintiff’s part, as such instruction, on different vital issues in the cause, contained numerous improper assumptions and illegal charges to the jury. Harrington v. Railroad, 71 Mo. 386; Rowen v. Railroad, 198 Mo. 654; Rowen v. Railroad, 82 Mo'. App. 27; Stumpe v. Railroad, 61 Mo.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The court erred in giving the instruction, covering the whole ease, on plaintiff’s part, as such instruction, on different vital issues in the cause, contained numerous improper assumptions and illegal charges to the jury. Harrington v. Railroad, 71 Mo. 386; Rowen v. Railroad, 198 Mo. 654; Rowen v. Railroad, 82 Mo'. App. 27; Stumpe v. Railroad, 61 Mo. App. 357; Duerst v. Stamping Co., 163 Mo.-624; Haynes v. Trenton, 108 Mo. 130; Robertson v. Railroad, 152 Mo. 392; Fitterling v. Railroad, 79 Mo. 504; Jones v. Railroad, 59 M'o.…
1Opinion of the CourtBroaddus, P. J.
This action was commenced before a justice of the peace for double damages, for the alleged killing of plaintiff’s mare by the engine and cars of defendant at a place where it was claimed the defendant had failed to construct and maintain a gate with secure fastenings at a necessary farm crossing of its road on the farm of A. L. Thomas which plaintiff had in his possession as tenant.
Plaintiff’s testimony tended to show that he was Jiving on the farm mentioned, it all being enclosed land; that the road runs nearly east and west through the farm; that the house and pasture is on the south side…
2Cases cited2 opinions
- Rowen v. Chicago Great Western Railway Co.Supreme Court of Missouri · 1906
- McMillan v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1897