Campbell v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Cooper Circuit Court.—Hon. D. W. Shackleford, Judge. The court committed error in giving the plaintiff’s first instruction over defendant’s objections. It was wrong because: First. The evidence did not warrant it as to the habit of cattle to congregate on the track; or as to defendant’s servants having reason to anticipate the presence of cattle on the track; or as to a negligent rate of speed. Second. Because it did not correctly explain negligence.
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Appeal from the Cooper Circuit Court.—Hon. D. W. Shackleford, Judge. The court committed error in giving the plaintiff’s first instruction over defendant’s objections. It was wrong because: First. The evidence did not warrant it as to the habit of cattle to congregate on the track; or as to defendant’s servants having reason to anticipate the presence of cattle on the track; or as to a negligent rate of speed. Second. Because it did not correctly explain negligence. Goodwin v. Railroad, 75 Mo. 73. Third. Because it imposed a liability without requiring that plaintiff’s cow should have been…
1Opinion of the CourtGill, J.
Plaintiff brought suit and recovered a judgment against the defendant for negligently running a freight train over and killing a cow belonging to her at Clifton Station. Defendant appealed.
About the station and along the tracks of the railroad there was left open and unfenced a strip of land where grass had grown up and where the cattle and cows of the village were in the habit of feeding. The train doing the damage was a “through freight” in charge of one Lydick as engineer. At this time the train was run by the station without stopping and at a rapid rate—perhaps thirty miles an hour. The…
2Cases cited8 opinions
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Milburn v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1886
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3Cited by2 opinions
- Kirkpatrick v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1897
- White v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1900