Kendrick v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Saline Circuit Court.—Hon. ¥m. T. Wood, Judge. The burden of proof was. on plaintiff to show, that the killing of the bogs was caused by failure to give the signals, or that it was negligence to permit wheat to be scattered on the track and that such negligence was the proximate cause of the damage. Neither was shown and defendant’s instruction that the verdict should be for defendant on the first count should have been given.
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Appeal from Saline Circuit Court.—Hon. ¥m. T. Wood, Judge. The burden of proof was. on plaintiff to show, that the killing of the bogs was caused by failure to give the signals, or that it was negligence to permit wheat to be scattered on the track and that such negligence was the proximate cause of the damage. Neither was shown and defendant’s instruction that the verdict should be for defendant on the first count should have been given. Holman v. Railroad Co., 62 Mo. 562; Alexander v. Railroad Co., 76 Mo. 494. There were two, if any, causes of action shown by the evidence. The two hogs were…
1Opinion of the Court
Philips, C.
This is an action begun in a justice’s court for the recovery of damages for killing stock on defendant’s railway track. The statement contains two counts. The first count is based on section 806 Revised Statutes. The second count is based on section 809 of said statutes. Each action is for killing hogs. Judgment in the justice’s court for plaintiff on both counts, with like result in the circuit court, to which defendant took the case on appeal. From this judgment of the circuit court the defendant prosecutes this appeal.
I. The first count alleges the killing of two hogs at a…
2Cases cited1 opinion
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
3Cited by6 opinions
- Keim v. Union Railway & Transit Co.Supreme Court of Missouri · 1886
- Clayton v. City of HendersonCourt of Appeals of Kentucky · 1898
- Kelly v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- McHugh v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Wight v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
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