Crenshaw v. St. Louis, Keokuk & Northwestern Railway Co.
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. E. M. Hughes, Judge. The place where the steer entered upon the track, and where it was killed, was not a part of appellant’s station grounds, nor was it necessary to leave it open for the benefit of the public or the transaction of the business of the company. The necessity for leaving this space open must be shown in order to avoid a liability. It was outside of the town of Eoley and not within the station grounds.
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Appeal from the Pike Circuit Court. — Hon. E. M. Hughes, Judge. The place where the steer entered upon the track, and where it was killed, was not a part of appellant’s station grounds, nor was it necessary to leave it open for the benefit of the public or the transaction of the business of the company. The necessity for leaving this space open must be shown in order to avoid a liability. It was outside of the town of Eoley and not within the station grounds. The ■ evidence did not satisfy the jury that it was necessary. The jury passed upon the question, as it was instructed to do by…
1Opinion of the CourtBond, J.
— This action was begun before a justice of the peace of Lincoln county. Thereafter, upon *234appeal to the circuit court, a change of venue was taken to Pike county. The cause of action set forth in the amendment there made was the killing of a steer, of the value of $12, on the appellant’s railroad track in Burr Oak township, Lincoln county, at a point where the law required it to be fenced and where it was not inclosed by lawful fence and cattle-guard. The jury returned a verdict for the respondent, from which appeal is taken.
The only instruction offered by appellant was a demurrer to the…
2Cases cited8 opinions
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Pearson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1889
- Jantzen v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Jennings v. St. Joseph & St. Louis Railway Co.Missouri Court of Appeals · 1889
- McGuire v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
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3Cited by2 opinions
- Gilpin v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1906
- Spooner v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1896