Gilpin v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The court erred in permitting plaintiff and witness Cox to testify in rebuttal. The inquiry did not cover the whole situation, and the witnesses, by their own testimony, showed that they were not qualified to speak on the subject. (2) The court erred in giving plaintiff’s first instruction.
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Transferred from Kansas City Court of Appeals. (1) The court erred in permitting plaintiff and witness Cox to testify in rebuttal. The inquiry did not cover the whole situation, and the witnesses, by their own testimony, showed that they were not qualified to speak on the subject. (2) The court erred in giving plaintiff’s first instruction. There was no evidence to warrant it; it did not present the question fully and fairly to the jury with reference to the locality of and danger to defendant’s employees. It made defendant’s duty as to fencing depend upon absolute necessity, and not upon the…
1Opinion of the CourtValliant, J.
Plaintiff sues under section 1106, Revised Statutes 1899, to recover the value of his mare killed by falling off of a railroad bridge belonging to defendant.
The facts shown by plaintiff’s evidence are substantially as follows:
*322A public road crosses the railroad at a point just east of tbe village of McBaine in Boone county. On each side of defendant’s railroad east of tbe public road was a fence enclosing tbe right of way. There was at this time no cattle-guard or wing fences at this crossing to prevent animals entering upon the tract or right of way. Such cattle-guard and wing fences had been…
2Cases cited11 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Kelly v. JacksonSupreme Court of the United States · 1832
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Smith v. BurrusSupreme Court of Missouri · 1891
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3Cited by16 opinions
- Missouri District Telegraph Co. v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1936
- Reynolds v. MasseySupreme Court of Alabama · 1929
- Halverson v. BlosserSupreme Court of Kansas · 1917
- Nishwitz v. BlosserMissouri Court of Appeals · 1993
- Gilmore v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1914
11 more not listed; retrieve them via the Exa API.