Castor v. Kansas City, Fort Scott & Memphis Railroad
Missouri Court of Appeals
Appeal from the Webster Circuit Court. — Hon. Argus Cox, Judge. (1) No evidence was competent under the pleadings, because it was not averred that the cows were killed in Finley township. Jewett v. Railroad, 38 Mo.
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Appeal from the Webster Circuit Court. — Hon. Argus Cox, Judge. (1) No evidence was competent under the pleadings, because it was not averred that the cows were killed in Finley township. Jewett v. Railroad, 38 Mo. App. 48; 2 R. S., sec. 6126. (2) The instructions given were erroneous, because it appears from the undisputed evidence that the cows did not come upon the track at any public crossing, and, therefore, the question is not whether the engineer could have seen them, but whether he did see them, in time to stop the train before striking them. Senate v. Railroad, 41 Mo. App. 295 -,…
1Opinion of the CourtBiggs, J.
This action originated before a justice of the peace. The amended statement charged that two cows, belonging to plaintiff, were struck and killed by a locomotive on the defendant’s road at or near the town of Seymour. The killing was alleged to have occurred by reason of the negligence of the defendant’s servants in operating the train, and also that the defendant had negligently put salt on the track at the place where the injury occurred, which caused the cows to come upon the track, and further that the defendant had failed to fence that portion of the road, although it might have done so.…
2Cases cited7 opinions
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1889
- Hoffman v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Senate v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1890
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3Cited by1 opinion
- Atterberry v. Wabash Railway Co.Missouri Court of Appeals · 1904