Boone v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Hon. Joseph P. Grubb, Judge. The case and facts are stated in the opinion of the court. I. The demurrer to the evidence should have been sustained. It was shown by the. testimony that the injury could not have been avoided. Upon such a state of ‘ facts, there could be no recovery upon the allegation of negligence in the management of the train. Wallace v. R. R., 74 Mo. 597; Bell v. R. R., 72 Mo. 61, and cases cited. II.
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Appeal from Buchanan Circuit Court, Hon. Joseph P. Grubb, Judge. The case and facts are stated in the opinion of the court. I. The demurrer to the evidence should have been sustained. It was shown by the. testimony that the injury could not have been avoided. Upon such a state of ‘ facts, there could be no recovery upon the allegation of negligence in the management of the train. Wallace v. R. R., 74 Mo. 597; Bell v. R. R., 72 Mo. 61, and cases cited. II. The court admitted incompetent testimony. The admission of evidence concerning the failure to fence was error, as it changed the cause of…
1Opinion of the CourtPhilips, P. J.
This action' was begun before a justice of the peace, and it is to recover single damages against the defendant, a railroad corporation, for killing a cow, the property of plaintiff. The statement filed *234with the justice charged that defendant, by its agents and servants, carelessly and negligently, with its engine and cars, ran over and killed the cow, in Agency township, Buchanan county, etc. On appeal to the circuit court, plaintiff recovered judgment in the sum of thirty dollars, the value of the cow. Defendant has brought the case here by appeal.
The plaintiff’s evidence tended to show…
2Cases cited4 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Cannon v. MooreMissouri Court of Appeals · 1885
3Cited by12 opinions
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
- Hurley v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
- Carson v. PorterMissouri Court of Appeals · 1886
- Wilt v. CoughlinMissouri Court of Appeals · 1913
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