Halferty v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Geo. W. Dunn, Judge There was no collision proved between the train and the animal. This, of itself, should have nonsuited plaintiff. Lafferty v. Railroad Co., 44 Mo. 291; Hughes v. Railroad Co., 66 Mo. 325; Seibert v. Railroad Co., 72 Mo. 565. There was no evidence that the engineer could have stopped the train with safety after discovering the dangerous situation of the animal.
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Appeal from Clinton Circuit Court. — Hon. Geo. W. Dunn, Judge There was no collision proved between the train and the animal. This, of itself, should have nonsuited plaintiff. Lafferty v. Railroad Co., 44 Mo. 291; Hughes v. Railroad Co., 66 Mo. 325; Seibert v. Railroad Co., 72 Mo. 565. There was no evidence that the engineer could have stopped the train with safety after discovering the dangerous situation of the animal. If he could not, his failure to stop the tram was a prudent and not a negligent act. Pryor v. Railroad-Co., 69 Mo. 218 p-BcU v. Railroad Co., 72 Mo. 50. Nor was it shown that…
1Opinion of the CourtSherwood, J.
Action before a justice of the peace. The material part of plaintiff’s amended petition upon which the cause was tried in the circuit court is as follows:
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And for cause of action states that on the 16th day of January, 1881, plaintiff’s mare mule about four years old, dark colored and about sixteen hands high, and of the value of $175 (with other stock of plaintiff’s), attempted to cross the track of said railroad at a point on said railroad m said Atchison township, in said county, adjoining Concord township, in said county of Clinton, and where said road crossed a…
2Cases cited4 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Hughes v. Hannibal & St. Jo. R. R.Supreme Court of Missouri · 1877
- Lafferty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Seibert v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1880
3Cited by11 opinions
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Foster v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Burrows v. LikesMissouri Court of Appeals · 1914
- Eaton v. Mississippi River & Bonne Terre Railway Co.Missouri Court of Appeals · 1919
- Keltenbaugh v. St. Louis, Arkansas & Texas Railway Co.Missouri Court of Appeals · 1889
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