Collins v. Atlantic & Pacific R. R.
Supreme Court of Missouri
Appeal from the Common Pleas Court of Cass County—Hon. Jno. L. Morrison, Judge. The giving of the second instruction was an entire departure from the case made by the petition. The petition was founded upon the statute requiring a fence, and, therefore, any other character of proof or instructions were illegal. 60 Mo. 212, Cary v. St. L., K. C. N. R: R. Co. ; 31 Mo. 399, Quick o. Han. $ St. Jo. R. R.; 31 Mo. 407, Miles v. Han. cf St. Jo.
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Appeal from the Common Pleas Court of Cass County—Hon. Jno. L. Morrison, Judge. The giving of the second instruction was an entire departure from the case made by the petition. The petition was founded upon the statute requiring a fence, and, therefore, any other character of proof or instructions were illegal. 60 Mo. 212, Cary v. St. L., K. C. N. R: R. Co. ; 31 Mo. 399, Quick o. Han. $ St. Jo. R. R.; 31 Mo. 407, Miles v. Han. cf St. Jo. R. R. This instruction casts loose from the case set up in the petition, and after l.ooldng through the statutes finally settles down upon 1 Wag. Stat. 310,…
1Opinion of the CourtHenry, J.
This was an action in the Common Pleas court of Cass county to recover damages against defendant for the killing of a mare belonging to him by a train of cars passing over defendant’s road. The petition alleges that defendant carelessly and negligently ran its cars, engines and locomotives over the said mare, and that the point on said road where it occurred was not at the crossing of any public road or highway, and was at a point where the road ran through uninclosed prairie lands, and was not fenced. The facts as disclosed by the evidence, and not controverted, are that the mare was killed…
2Cases cited1 opinion
- Wood v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
3Cited by2 opinions
- Turner v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1882
- Mapes v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1882