Harlan v. Wabash, St. Louis & Pacific Ry. Co.
Missouri Court of Appeals
Appeal from Adair Circuit Court, Hon. Andrew Ellison, J. Statement of case by tbe court. This suit was brought to recover the value of a certain cow, alleged to have been the property of plain tiff, and to have been killed by defendant’s cars, on or about the 4th day of November, 1881, in the town of Kirks-ville, in Benton township, in Adair county. The statement contained three counts.
Read the full summary
Appeal from Adair Circuit Court, Hon. Andrew Ellison, J. Statement of case by tbe court. This suit was brought to recover the value of a certain cow, alleged to have been the property of plain tiff, and to have been killed by defendant’s cars, on or about the 4th day of November, 1881, in the town of Kirks-ville, in Benton township, in Adair county. The statement contained three counts. The first count was based on the negligence and carelessness of defendant’s agents and servants in running and managing a certain one of its trains of cars and locomotive. The second count was based upon the…
1Opinion of the Court
Opinion by
Hall, J.
1. The charter of Kirksville is a private act, but it was pleaded by its title and date of passage. Being so pleaded, the court had to take judicial notice of its provisions. It was not necessary, therefore, for the plaintiff to introduce it in evidence. Section 3549 of Revised Statutes; State ex rel. v. Odle et al., 42 Mo. 212 ; Apitz v. R. R. Co., 17 Mo. App. 419.
2. It was not negligence on the part of defendant to leave the car, loaded with hay in the afternoon, on the side track during the following night. The evidence on this point shows the loading of the hay in the…
2Cases cited7 opinions
- Young v. GlascockSupreme Court of Missouri · 1883
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Holman v. Chicago, Rock IsLand & Pacific RailroadSupreme Court of Missouri · 1876
- Stoneman v. Atlantic & Pacific R. R.Supreme Court of Missouri · 1875
- Alexander v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- City of Mexico ex rel. Collector v. CauthornMissouri Court of Appeals · 1887