Smith v. St. Louis, Memphis & Southeastern Railway Co.
Missouri Court of Appeals
Appeal from Ripley Circuit Court . — Eon. J. L. Fort, Judge. The undisputed evidence is that this was at a switch where the public transacted business Avith the railroad company; that it would have inconvenienced the railroad company and also the public to have fenced the road at this point, and it Avould have also endangered the lives of employees of the railroad company to have fenced the road at this point.
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Appeal from Ripley Circuit Court . — Eon. J. L. Fort, Judge. The undisputed evidence is that this was at a switch where the public transacted business Avith the railroad company; that it would have inconvenienced the railroad company and also the public to have fenced the road at this point, and it Avould have also endangered the lives of employees of the railroad company to have fenced the road at this point. Wherefore, appellant contends that its demurrer to the testimony should have been sustained. Morris v. Raihvay, 58 Mo, 78; Sivearingen v. Railroad, 64 Mo. 73; Russell v. Railroad, 83…
1Opinion of the CourtGoode, J.
A mule belonging to tbe plaintiff was killed by a collision with one of defendant’s locomotives. Tbis action is to recover for tbe loss. Tbe complaint contains three paragraphs, tbe first one founding tbe cause of action on tbe double damage statute (sec. 1105); tbe second on tbe single damage statute (sec. 2867), and tbe third on tbe negligence of the defendant’s engineer. A verdict was given for tbe value of tbe mule on tbe second paragraph, and in tbe discussion of tbe points raised on the appeal we will treat them with reference to that statement of tbe cause of action. At tbe place of…
2Cases cited27 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Gerren v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1875
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
22 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Bridges v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1908
- Foster v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1905
- Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- Stout v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.