Calvert v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
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.
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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
- Calvert v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1863
3Cited by7 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Poulson v. CollierMissouri Court of Appeals · 1885
- Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
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