Flannery v. Kansas City, St. Joseph & Council Bluffs Railway Co.
Missouri Court of Appeals
Appeal from Platte Circuit Court, Hon. George W. Dunn, Judge. , The case is stated in the opinion. I. The first instruction given for plaintiff was error. It left the jury to conjecture what acts or omissions constituted negligence. Re Witt v. Railroad, 50 Mo. 302 ; Rams v. Railroad, 71 Mo. 164; Goodwin v. Railroad, 75 Mo. 73 ; Yarnall v. Railroad, 75 Mo. 575. ■ II. The third, instruction for plaintiff was also error.
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Appeal from Platte Circuit Court, Hon. George W. Dunn, Judge. , The case is stated in the opinion. I. The first instruction given for plaintiff was error. It left the jury to conjecture what acts or omissions constituted negligence. Re Witt v. Railroad, 50 Mo. 302 ; Rams v. Railroad, 71 Mo. 164; Goodwin v. Railroad, 75 Mo. 73 ; Yarnall v. Railroad, 75 Mo. 575. ■ II. The third, instruction for plaintiff was also error. It declared, in effect, that proof of the injury raised a presumption of negligence. This is a common law action; negligence cannot be presumed. Swearingen v. Railroad, 64 Mo.…
1Opinion of the CourtPhilips, P. J.
This is an action to recover damages for killing plaintiff’s cow, alleged to have been done by one of defendant’s trains of cars. The accident occurred inside of the switch limits of the town of Park-ville in Platte county, on the eleventh day of June, 1884. The charge is that the injury resulted from the negligence of defendant’s servants in charge of the train in managing and running the same.
Judgment for plaintiff, from which the defendant prosecutes this appeal.
At the close of plaintiff’s evidence, and again, at the close of all the evidence, the defendant interposed a demurrer to the…
2Cases cited9 opinions
- Morrow v. County Commissioners of Saline CountySupreme Court of Arkansas · 1879
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Atchison, Topeka & Santa Fé Railroad v. McCandlissSupreme Court of Kansas · 1885
- Disse v. FrankSupreme Court of Missouri · 1873
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
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3Cited by5 opinions
- Pullman Co. v. FinleyWyoming Supreme Court · 1912
- Boulger v. Northern Pacific RailwayNorth Dakota Supreme Court · 1918
- Ravenscraft v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Flannery v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Jackson v. German InsuranceMissouri Court of Appeals · 1887