Sloop v. Saint Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Schuyler Circuit Court, Hon. Andrew Ellison, Judge. The case and facts are stated in the opinion of the court. I. It was not shown that defendant ever took possession of the property under the lease. The officer’s return was not even prima facie evidence of such fact. Austin v. Coal & Mining Co., 72 Mo. 535. II. There was no proof of any negligent or careless management of either train.
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Appeal from Schuyler Circuit Court, Hon. Andrew Ellison, Judge. The case and facts are stated in the opinion of the court. I. It was not shown that defendant ever took possession of the property under the lease. The officer’s return was not even prima facie evidence of such fact. Austin v. Coal & Mining Co., 72 Mo. 535. II. There was no proof of any negligent or careless management of either train. The collision was unavoidable, and it was impossible to stop the trains in time. For that reason the jury should have been instructed to find for the defendant. Wallace v. Railroad, 74 Mo. 594;…
1Opinion of the CourtPhilips, P. J.
This is an action against the defendant railroad corporation for killing a sheep and hog, the property of plaintiff. The ground of recovery is the imputed negligence of defendant in running its train of cars upon the animals in the town of Queen City. It is not claimed that the injury occurred at a street crossing. The only evidence of negligence relied on by plaintiff is the following statement of witnesses :■ The plaintiff testified to the fact that the sheep was found dead near the railroad track, under circumstances indicating it had been killed by a train of cars. He did not see the…
2Cases cited3 opinions
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Milburn v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1886
- Lord v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
3Cited by4 opinions
- Hoffman v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Grant v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1887
- Flannery v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Castor v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1896