Legal Opinion

Calvert v. Hannibal & St. Joseph Railroad

Supreme Court of Missouri

Decided October 15, 1866PublishedCited by 7 opinions

Appeal from Shelby Circuit Court. I. This is an action for negligence, according to the rules of tlie common law. The respondent is not entitled to recover unless be proves actual negligence, and this he has totally failed to do. The case made in the petition is entirely different from the case made by the proof and the instructions.

Read the full summary

Appeal from Shelby Circuit Court. I. This is an action for negligence, according to the rules of tlie common law. The respondent is not entitled to recover unless be proves actual negligence, and this he has totally failed to do. The case made in the petition is entirely different from the case made by the proof and the instructions. The pleadings show a common law liability; but the case made by the instructions assumes a statutory liability. —Atwood’s Adm’r v. Fox, 80 Mo. 499 ; Beck v. Ferrara, 19 Mo. 30; Link v. Vaughn, 17 Mo. 585; R. C. 1855, p. 649, § 5 ; id. p. 437, § 52 ; Picott v.…

1Opinion of the CourtWagneR, Judge

When this case was before this court on a former occasion, the judgment was reversed because the evidence adduced on the trial did not disclose actual negligence on the part of the appellant, nor that the injury was committed where the road was not enclosed by a lawful fence, or at the crossing of a public highway. After the cause was remanded, the petition was ameuded in accordance with the suggestion of the judge who delivered the opinion in this court, and two counts were embodied declaring on each several trespass. On the second trial in the Circuit Court before a jury, it was clearly…

2Cases cited1 opinion

  1. Calvert v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1863

3Cited by7 opinions

  1. Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
  2. Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
  3. Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
  4. Poulson v. CollierMissouri Court of Appeals · 1885
  5. Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API