Russell v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. The case and facts are stated in the opinion. I. The side track and switches constituted & part of the station groimds at Harlem. It was the only place designated and used bji the company and the public for receiving and discharging freight at that station, and, ■ owing to its communication with or accessibility of approach from the county road, the most suitable and practicable one.
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Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. The case and facts are stated in the opinion. I. The side track and switches constituted & part of the station groimds at Harlem. It was the only place designated and used bji the company and the public for receiving and discharging freight at that station, and, ■ owing to its communication with or accessibility of approach from the county road, the most suitable and practicable one. The evidence being without conflict on this point, it was erroneous for the court to hold that the company was liable for its failure to fence at…
1Opinion of the CourtPhilips, P. J.
This case has been in the supreme ■court, and is reported in 83 Mo. 507. It is for the recovery of damages for the killing of plaintiff’s horse by defendant’s cars, near Harlem, in Clay county. The supreme court reversed the case and remanded it. On its *372return to the circuit court the plaintiff filed an amended petition, which contained three counts, as did the original petition, covering substantially the same facts, rectifying" the defects in the statement of the second count, on which the former recovery was had, and for which, defects the cause was reversed in the supreme court. On…
2Cases cited5 opinions
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Russell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Rozzelle v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Jantzen v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Rieper v. RieperSupreme Court of Missouri · 1883
3Cited by13 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Johnson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1887
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Chouteau v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
- Duncan v. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1905
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