Morrow v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Macon Circuit Court, IIon. Andrew Ellison, Judge. The case and facts are stated in the opinion of the court. I. All the allegations of the petition, as respects the accumulation of brine upon and near defendant’s track, alleged as negligence, causing the injury complained of, are insufficient to constitute a cause of action.
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Appeal from Macon Circuit Court, IIon. Andrew Ellison, Judge. The case and facts are stated in the opinion of the court. I. All the allegations of the petition, as respects the accumulation of brine upon and near defendant’s track, alleged as negligence, causing the injury complained of, are insufficient to constitute a cause of action. Grafton v. Railroad, 55 Mo. 580. Defendant is not charged to have had any connection with the act of depositing the attraction upon its own premises, and thus procuring the presence of the animal, and thereby, in effect, undertaking the duty of anticipating…
1Opinion of the Court
Ellisoh,- J.
This action is to recover single damages for killing plaintiff’s cow, in Callao township, Macon county. Plaintiff recovered and defendant appeals. The case was begun before a justice of the peace, the statement charging that defendant, by its employes, negligently and carelessly permitted brine and other rubbish to accumulate and collect on and near its track, which attracted cattle and caused them to collect at that point. Defendant offered no evidence, but demurred at the close of that offered by plaintiff. The instruction given at the instance of plaintiff properly covered the…
Also in this document: Concurrence.
2Cited by2 opinions
- Kirk v. Norfolk & W. R.West Virginia Supreme Court · 1896
- Burger v. St. Louis, Keokuk & Northwestern Railway Co.Missouri Court of Appeals · 1892