Price v. Barnard
Missouri Court of Appeals
Appeal from the Daviess Circuit Court. — Hon. E. J. Beoaddus, Judge. ■ (1) The court should have given defendant’s instruction number 2, in the nature of a demurrer to the evidence, because upon the record, as shown by the amended petition, plaintiff was not entitled to recover j and, for reasons hereafter stated, defendant’s instruction number 3 should have been given, because if the animals in question were not struck by defendant’s agents and servants no recovery could be…
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Appeal from the Daviess Circuit Court. — Hon. E. J. Beoaddus, Judge. ■ (1) The court should have given defendant’s instruction number 2, in the nature of a demurrer to the evidence, because upon the record, as shown by the amended petition, plaintiff was not entitled to recover j and, for reasons hereafter stated, defendant’s instruction number 3 should have been given, because if the animals in question were not struck by defendant’s agents and servants no recovery could be bad. (2) The court erred in giving plaintiff’s instruction, which was the only one given. The jury are triers of the…
1Opinion of the CourtEllison, J.
This action was brought against defendant as receiver of the Omaha & St. Louis Railway Company, in which plaintiff claims damages for killing some and injuring others of plaintiff’s live stock. At the close of the evidence, the plaintiff amended his complaint by stating that the stock was killed by the train of the Wabash Railroad Company, running over the defendant’s track. There was a judgment for plaintiff.
At the close of the testimony for plaintiff, there was a demurrer to the evidence overruled by the court. This demurrer was mainly directed to the failure of plaintiff to prove that…
2Cases cited1 opinion
- McCoy v. Kansas City, St. Joseph & Council Bluffs RailroadCourt of Appeals of Kansas · 1889
3Cited by3 opinions
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
- Price v. BarnardMissouri Court of Appeals · 1897
- Sinclair v. Missouri, Kansas, & Texas Railway Co.Missouri Court of Appeals · 1897