Beall v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — No». Samuel Davis, Judge. (1)' Courts will not allow a verdict to stand when it is clearly contrary to the evidence and a manifest mistake — ignorant or willful. Borgraefe v. Knights of Honor, 22 Mo. App. 127; Doty v. Steinberg, 25 Mo. App. 328. Nor when it can only be accounted for on the ground that it was the result of bias, prejudice, ignorance, or misunderstanding.
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Appeal from Lafayette Circuit Court. — No». Samuel Davis, Judge. (1)' Courts will not allow a verdict to stand when it is clearly contrary to the evidence and a manifest mistake — ignorant or willful. Borgraefe v. Knights of Honor, 22 Mo. App. 127; Doty v. Steinberg, 25 Mo. App. 328. Nor when it can only be accounted for on the ground that it was the result of bias, prejudice, ignorance, or misunderstanding. (2) “Where there is no opportunity for one party to become aware of the negligence of the other, and the injury is caused by the concurrent and co-operating negligence-of both, it is well…
1Opinion of the CourtEllison, J.
— This action is based on a claim for damages resulting from one of defendant’s trains killing and injuring a lot of plaintiff’s cattle at a public crossing in Lafayette county. The judgment in the trial court was for plaintiff.
It appears that plaintiff and two assistants were driving a number of cattle along the highway from Odessa to plaintiff’s home when, as they were crossing defendant’s railroad track, one of its passenger trains, running at about the speed of forty miles per hour, ran over several of the cattle. The negligence charged was that defendant’s engineer saw the cattle, or…
2Cases cited3 opinions
- McNown v. Wabash RailroadMissouri Court of Appeals · 1894
- Spencer v. Missouri Kansas & Texas Railway Co.Court of Appeals of Kansas · 1901
- Buster v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1885
3Cited by4 opinions
- Wilkinson v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1910
- Windle v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
- Phillips v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
- Atterberry v. Wabash Railway Co.Missouri Court of Appeals · 1904