Kirkpatrick v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The plaintiff violated the law in permitting his cow to run at large, and but for that the cow would not have been killed. Therefore the cow was a trespasser and the court should have given the peremptory instruction to find for defendant. Campbell v. B. B., 59 Mo. App. 156. (2) The evidence did not warrant a finding that the signals had not been given for the crossing where the cow was struck.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The plaintiff violated the law in permitting his cow to run at large, and but for that the cow would not have been killed. Therefore the cow was a trespasser and the court should have given the peremptory instruction to find for defendant. Campbell v. B. B., 59 Mo. App. 156. (2) The evidence did not warrant a finding that the signals had not been given for the crossing where the cow was struck. JBJemev. B. B., 71 Mo. 636-638; Isaacs v. Skrainka, 95 Mo. 517-523; Jewett v. B. B., 50 Mo. App. 547; Agan v. Shannon, 103 Mo.…
1Opinion of the CourtSmith, P. J.
This is an action which was brought to recover the value of a cow killed upon a public crossing over defendant’s railroad in Cooper county. The plaintiff had judgment in the circuit court and defendant appealed.
statement. It was conceded at the trial that the provisions of article 2, chapter 5, Revised Statutes, commonly known as the “stock law,” were in force 001111^ w;here the injury happened. It appears from the evidence that plaintiff’s cow on the day of the injury escaped from a pasture in which she had been confined and from thence entered upon defendant’s railroad at a point where it…
2Cases cited2 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Campbell v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1894
3Cited by5 opinions
- Rinehart v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1904
- Growney v. Wabash RailroadMissouri Court of Appeals · 1903
- Herbert v. Wiggins Ferry Co.Missouri Court of Appeals · 1904
- Windle v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
- St. Louis & San Francisco Railroad v. ZacharyCourt Of Appeals Of Indian Territory · 1899