Bean v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Washington. County Circuit Court, John L. Thomas, Judge. Whether grounds within • switch limits are' or are not depot grounds, and the extent of depot grounds can only be determined by the convenience and judgment of the railroad companies, and the necessities of .the publie service. The above positions are dearly dedueed from the opinions of the supreme court on this much litigated and vexed question.
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Appeal from the Washington. County Circuit Court, John L. Thomas, Judge. Whether grounds within • switch limits are' or are not depot grounds, and the extent of depot grounds can only be determined by the convenience and judgment of the railroad companies, and the necessities of .the publie service. The above positions are dearly dedueed from the opinions of the supreme court on this much litigated and vexed question. Lloyd v. Railroad, 49 Mo. 200 ; Morris v. Railroad, 58 Mo. 81; Sioneman v. Railroad, 58 Mo. 505; Karle v. Railroad, 55 Mo. 483; Franks v. Railroad, 55 Mo. 325; Swearingen *.…
1Opinion of the CourtRohbauer, J.
The plaintiff’s cow was killed by the defendant’s locomotive, whereupon he instituted this action to recover double damages under the statute. It is conceded by the. testimony that the cow came upon the defendant’s railroad at a place outside of any town limits, where the road ran through uninclosed fields, and was not fenced, and that it did not come upon the track, and was not killed at a road crossing. The jury found a verdict for the plaintiff, and the court entered judgment for double the amount found.
The defendant claims that the evidence fails to support the verdict, and that the court…
Also in this document: Concurrence.
2Cases cited3 opinions
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Swearingen v. M., K. & T. R. R.Supreme Court of Missouri · 1876
3Cited by7 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Wilmot v. Oregon RailroadOregon Supreme Court · 1906
- Brandenburg v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1891
- Wright v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894
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