Little v. Butler County Railroad
Missouri Court of Appeals
Appeal from the Butler Circuit Court.— Eon. J. O. Sheppard, Judge. The court erred in refusing to give to the jury instruction numbered 3, requested by the defendant. It was the province of the jury to say whether, under all the evidence in the case, it was necessary that the point where plaintiff’s animal got upon the track should be left unfenced for a depot grounds for the defendant. Acord v. Eailroad, 113 Mo. App. 84; Smith v. Eailroad, 111 M'o.
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Appeal from the Butler Circuit Court.— Eon. J. O. Sheppard, Judge. The court erred in refusing to give to the jury instruction numbered 3, requested by the defendant. It was the province of the jury to say whether, under all the evidence in the case, it was necessary that the point where plaintiff’s animal got upon the track should be left unfenced for a depot grounds for the defendant. Acord v. Eailroad, 113 Mo. App. 84; Smith v. Eailroad, 111 M'o. App. 414; McGuire v. Eailroad, 113 Mo. App. 79; Hillman v. Eailroad, 99 Mo. App.-271; Glasscock v. Eailroad, 82 Mo. App. 146; Ellis v. Eailroad,…
1Opinion of the Court
GOODE, J. —
This is an action for double damages for the loss of plaintiff’s cow which was injured by a locomotive of the defendant company. The defendant owns and operates a railway company running from Lowell Junction to Marshall’s Mill, in Butler county, and about a mile and a half long. The cow got on the track and was injured about a quarter of a mile from Marshall’s Mill. The right of way has never been fenced along the line of railroad, which runs through a swampy *53country, and is operated mostly for the transportation of logs cut from the adjacent lands. The logs are piled along the…
2Cases cited6 opinions
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Russell v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
- Schafer v. St. Louis & Hannibal Railway Co.Supreme Court of Missouri · 1898
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Schafer v. St. Louis & Hannibal RailroadMissouri Court of Appeals · 1896
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