Hesse v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Butler Circuit Court. — Hon. John Gr. Wear, Judge. There can be no recovery in this case without proof of an actual collision, of which there is no evidence in this case. Lafferty v. Railroad, 44 Mo. 291; Hughes v. Railroad, 66 Mo. 325; Seibert v. Railroad, 72 Mo. 565 ; Halferty v. Railroad, 82 Mo. 98; Boggs v. Railroad, 18 Mo. App. 274; Hoslcins v. Railroad, 19 Mo.
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Appeal from the Butler Circuit Court. — Hon. John Gr. Wear, Judge. There can be no recovery in this case without proof of an actual collision, of which there is no evidence in this case. Lafferty v. Railroad, 44 Mo. 291; Hughes v. Railroad, 66 Mo. 325; Seibert v. Railroad, 72 Mo. 565 ; Halferty v. Railroad, 82 Mo. 98; Boggs v. Railroad, 18 Mo. App. 274; Hoslcins v. Railroad, 19 Mo. App. 96. There was no evidence in this case to warrant the court in submitting it to the jury, and the court erred in not taking the case from the jury for lack of proof. Blewett v. Railroad, 73 Mo. 584. There is…
1Opinion of the CourtRombauer, P. J.
The plaintiff in the trial court recovered double damages for the killing of his steer, under the provisions of section 809, Revised Statutes, and the only question presented by the appeal is whether there was any substantial evidence to support the verdict.
The steer was last seen in an uninjured condition in the evening grazing with other cattle on defendant’s right of way immediately adjoining the town of Harviel, where defendant had a depot, and at a place where the defendant’s roadway was not fenced. Shortly after-wards the warning whistle against cattle of the defendant’s engine was…
2Cases cited3 opinions
- Lafferty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Blewett v. Wyandotte, Kansas City & Northwestern Railway Co.Supreme Court of Missouri · 1880
- Seibert v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1880
3Cited by6 opinions
- Hires v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Reed v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1905
- Combs v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1894
- Hobbs v. St. Louis, M. & S. RailroadMissouri Court of Appeals · 1905
- Harbeston v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1896
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