Rhinehart v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Dent Circuit Court. — lion. L. B. Woodsicle, Judge. (1) The court should have sustained defendant’s demurrer to the evidence, because there was no negligence shown on the part of defendant’s employees in charge of the train. Lowe v. Eailroad, 32 South. 907; -Eailroad v. Eoberts, 91 N. W. 707; Eailroad v. Ganóte, 13 A. & E. E. E. Cas. (O. S.) 519; Warren v. Eailroad, 59 Mo. App. 367; Eevenscraft v. Eailroad, 27 Mo. App. 617; Grant v. Eailroad, 25 Mo.
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Appeal from Dent Circuit Court. — lion. L. B. Woodsicle, Judge. (1) The court should have sustained defendant’s demurrer to the evidence, because there was no negligence shown on the part of defendant’s employees in charge of the train. Lowe v. Eailroad, 32 South. 907; -Eailroad v. Eoberts, 91 N. W. 707; Eailroad v. Ganóte, 13 A. & E. E. E. Cas. (O. S.) 519; Warren v. Eailroad, 59 Mo. App. 367; Eevenscraft v. Eailroad, 27 Mo. App. 617; Grant v. Eailroad, 25 Mo. App. 227; Eailroad v. Howerton, 30 A. & E. E. E. Cas. (N. S.) 554. (2) The court erred in giving instruction number one asked by…
1Opinion of the CourtGoode, J.
On January 19, 1906, a mare belonging to plaintiff was killed in a collision with one of defendant’s trains. Defendant operates a line of railway in Dent county, Missouri, where the accident occurred. The scene was at Spring Creek, a stream crossed by the railway. About four hundred yards north of the bridge are stockyards, and from these yards southward to the bridge the right of way is fenced on *171the west side of the track. The space between the track and the fence is forty or fifty yards wide for a considerable distance but narrows to about a plank’s length, or from sixteen to twenty feet,…
2Cases cited5 opinions
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Grant v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1887
- Wasson v. McCookMissouri Court of Appeals · 1899
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1892
3Cited by1 opinion
- Lloyd v. Alton Railroad Co.Supreme Court of Missouri · 1941