Bumpas v. Wabash Railroad
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Ho». Nat. M. Shelton, Judge. (1) The demurrer to the evidence should have been sustained. Ehret v. Railroad, 20 Mo. App. 251; McIntosh v. Railroad, 26 Mo. App. 377; Summers v. Railroad, 29 Mo. App. 41; Brassfield v. Patton, 32 Mo. App. 577; "Wasson v. McCook, 80 Mo. App. 488; Snider v. Railroad, 73 Mo. 465; Nance v. Railroad, 79 Mo. 196; Moore v. Railroad, 81 Mo. 499; Vineyard v. Railroad, 80 Mo. 92; Box v. Railroad, 58 Mo.
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Appeal from Adair Circuit Court. — Ho». Nat. M. Shelton, Judge. (1) The demurrer to the evidence should have been sustained. Ehret v. Railroad, 20 Mo. App. 251; McIntosh v. Railroad, 26 Mo. App. 377; Summers v. Railroad, 29 Mo. App. 41; Brassfield v. Patton, 32 Mo. App. 577; "Wasson v. McCook, 80 Mo. App. 488; Snider v. Railroad, 73 Mo. 465; Nance v. Railroad, 79 Mo. 196; Moore v. Railroad, 81 Mo. 499; Vineyard v. Railroad, 80 Mo. 92; Box v. Railroad, 58 Mo. App. 368; Railroad v. Kavanaugh, .163 M6. 54. (2) The instructions given by the court, at the request of plaintiff, were erroneous.…
1Opinion of the CourtBroaddus, J.
— This is an action under section 1105 of the Revised Statutes to recover damages on account of the alleged killing of two horses belonging tO' plaintiff, on defendant’s railroad in Adair county, Missouri, on the 14th day of February, 1902. On the evening of the day previous to the alleged date, two young-horses escaped from plaintiff’s son at his home and although search was made for them they were not found until the morning of the next day when they were both found dead lying along defendant’s track several hundred feet from a gate and farm crossing on a Mr. Ryan’s farm, and about two…
2Cases cited5 opinions
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Pearson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1889
- Ehret v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Atchison, Topeka & Santa Fe Railway Co. v. KavanaughSupreme Court of Missouri · 1901
- Brassfield v. PattonMissouri Court of Appeals · 1888
3Cited by3 opinions
- Sowders v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Francis v. Quincy, Ohama & Kansas City RailroadMissouri Court of Appeals · 1906
- Sampson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1926