Graves v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Lafayette Circuit Court, Hon. John P. Steothee, J. The facts sufficiently appear in the opinion of the court. I. To entitle plaintiff to recover it was necessary for him to show that the killing of the horse resulted from defendant’s negligence, after discovery of the animal on the track. Wallace v. JR. JR., 74 Mo. 594. The mere fact that the animal was killed on the track raises no inference of negligence. Ibid. II.
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Appeal from Lafayette Circuit Court, Hon. John P. Steothee, J. The facts sufficiently appear in the opinion of the court. I. To entitle plaintiff to recover it was necessary for him to show that the killing of the horse resulted from defendant’s negligence, after discovery of the animal on the track. Wallace v. JR. JR., 74 Mo. 594. The mere fact that the animal was killed on the track raises no inference of negligence. Ibid. II. The law does not require that a train be stopped or even the speed slackened when animals are near or on the track. JR. R. Co. v. Newman, 36 Ark. 607; R. R. Co. r.…
1Opinion of the Court
Opinion by
Philips, P. J.
The plaintiff sued defendant in a justice’s court for damages done to plaintiff’s horse. The defendant was duly summoned, but .made default and the plaintiff re*649covered judgment for $100. The record fails to show that defendant made any application in the justice’s court to set aside this judgment by default; but within ten days took an appeal to the circuit court, where, on a trial de nono, plaintiff again recovered judgment; and defendant has brought the case here by appeal.
The motion to set aside the default in the justice’s court, and its denial, were indispensable…
2Cases cited6 opinions
- Garnet v. RodgersSupreme Court of Missouri · 1873
- Smith v. St. Louis, Kansas City & Northern, RailroadSupreme Court of Missouri · 1873
- Roach v. Montserratt Coal Co.Supreme Court of Missouri · 1880
- Laughlin v. JanuarySupreme Court of Missouri · 1875
- Kinser v. ShandsSupreme Court of Missouri · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Downing v. LashotMissouri Court of Appeals · 1919