Cole v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from the Harrison Circuit Court. — Hon. Chas. H. S. Goodman, Judge. (1) It was error to permit plaintiff to file reply other than general denial after the jury was sworn and the pleadings read, no reply to the new matter of the answer having been filed. Ennis v. Hogan, 47 Mo. 513; R. S. 1889, secs. 2053, 2211. (2) The court erred in giving plaintiff’s instruction as asked.
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Appeal from the Harrison Circuit Court. — Hon. Chas. H. S. Goodman, Judge. (1) It was error to permit plaintiff to file reply other than general denial after the jury was sworn and the pleadings read, no reply to the new matter of the answer having been filed. Ennis v. Hogan, 47 Mo. 513; R. S. 1889, secs. 2053, 2211. (2) The court erred in giving plaintiff’s instruction as asked. It instructs the jury that the defendant was required to fence its road ‘1 except at public c rossings and in incorporated towns,” not even excepting depot grounds, the very place in issue in this case. R. S. 1889,…
1Opinion of the CourtSmith, P. J.
This was an action commenced, under section 2611, Revised Statutes, 1889, to recover damages for the killing of a mare. The plaintiff had judgment in the circuit court, and the defendant brings the case here by appeal.
*627It appears from the abstract'of the evidence that defendant had constructed and maintained a cattle-guard on its road at a point where it was its duty to do 'so under said section 2611; that a mare of the plaintiff’s escaping from his inclosure through a gate went upon defendant’s right of way, where it was not obliged by statute to fence, and from thence proceeded along such…
2Cases cited2 opinions
- Blondeau v. SheridanSupreme Court of Missouri · 1884
- Morrow v. Missouri Pacific Ry. Co.Missouri Court of Appeals · 1885
3Cited by6 opinions
- Kingsbury v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1900
- State ex rel. McPherson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1904
- Rinehart v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1907
- Jones v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1894
- Musgrave v. Southern Pacific Co.Arizona Supreme Court · 1937
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