Brown v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. George F. Longan> Judge, (1) Tbe court erred in overruling tbe defendant’s demurrer to the plaintiffs’ evidence. There was a total failure of proof to sustain the allegations of plaintiffs’ petition. Turner v. McCook, 77 Mo.
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Appeal from Pettis Circuit Court. — Hon. George F. Longan> Judge, (1) Tbe court erred in overruling tbe defendant’s demurrer to the plaintiffs’ evidence. There was a total failure of proof to sustain the allegations of plaintiffs’ petition. Turner v. McCook, 77 Mo. App. 196; Chouquette v. Railroad, 152 Mo. 257. (2) The defendant railway company was not liable for plaintiff’s horse becoming frightened while on a highway adjacent to the railway, by noises which were necessarily incident to the movements of its trains or engines or by the ordinary escape of steam from its engine. Patterson Ry.…
1Opinion of the CourtEllison, J.
This action is for personal injury to plaintiff, in which she had judgment in the trial court for two thousand dollars.
The facts necessary to understand are that plaintiff, a married woman, owned a horse and buggy which she frequently used in going from place to place in and out of the city of Sedalia. ' Defendant has a line of railway running through Sedalia, and one of the streets of the city runs for some distance along and over the right of way parallel with the track. Plaintiff’s horse was gentle and was not at all liable to be frightened by the ordinary movement or noise of engines and…
2Cases cited7 opinions
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
- Lamb v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1885
- Louisville, New Albany & Chicago Railroad v. SchmidtIndiana Supreme Court · 1897
- Cahoon v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1893
- Rodgers v. Baltimore & Ohio Southwestern Railway Co.Indiana Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Phelan v. Granite Bituminous Paving Co.Supreme Court of Missouri · 1910
- Feeney v. Wabash RailroadMissouri Court of Appeals · 1907
- Miller ex rel. Carpenter v. EngleMissouri Court of Appeals · 1915
- O'Donnell v. O'NeillMissouri Court of Appeals · 1908
- Bassett v. Moberly Paving Brick Co.Missouri Court of Appeals · 1924
6 more not listed; retrieve them via the Exa API.