Cousins v. Hannibal & St. Joseph R. R.
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Hon. John T. Redd, Judge. The 5th section of the damage act is as follows: When any animal or animals shall be killed or injured by the cars, locomotive or other carriages used on any railroad in this State, the owner of such animal or animals may recover the value thereof in an action against the company or corporation running such railroad, without any proof of negligence, unskillfulness or misconduct on the part of the…
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Appeal from Hannibal Court of Common Pleas. — Hon. John T. Redd, Judge. The 5th section of the damage act is as follows: When any animal or animals shall be killed or injured by the cars, locomotive or other carriages used on any railroad in this State, the owner of such animal or animals may recover the value thereof in an action against the company or corporation running such railroad, without any proof of negligence, unskillfulness or misconduct on the part of the officers, servants or agents of such company; but this section shall not apply to any accident occurring on any portion of such…
1Opinion of the CourtHough, J.
— This was an action under the 5th section of the damage act to recover the value of a mule killed by an engine of the defendant within the corporate limits of the city of Hannibal, in August, 1878. The views of this court in relation to the liability of railroad companies for animals killed by their engines and cars, within the corporate limits of towns and cities, were definitely expressed in the ease of Edwards v. The Han. § St. Jo. R. R., and Elliott v. Same, decided at the present term, and need not be repeated here.
The principal question in this case is whether, under the circumstances…
2Cases cited1 opinion
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
3Cited by33 opinions
- State Ex Inf. Taylor v. American Ins. Co.Supreme Court of Missouri · 1946
- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
- Sullivan v. L. & N. R. R.Court of Appeals of Kentucky · 1903
- Cincinnati, New Orleans & Texas Pacific Ry. Co. v. RueCourt of Appeals of Kentucky · 1911
- Long v. NuteMissouri Court of Appeals · 1907
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