Kimes v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Wayne Circuit • Court.—Hon. R. P. Owen, Judge. (1) The complaint fails to state a cause of action, and defendant’s objection to the introduction of any evidence under same should have been sustained. (2) Defendant’s demurrer to the evidence at the close of plaintiff’s evidence, and also at the close of the whole ■case, ought to have been sustained. Powell n. M. P. By., 76 Mo. 80; Lenex «. M. P. By., 76 Mo. 86; Moody, P. By.
Read the full summary
Appeal from Wayne Circuit • Court.—Hon. R. P. Owen, Judge. (1) The complaint fails to state a cause of action, and defendant’s objection to the introduction of any evidence under same should have been sustained. (2) Defendant’s demurrer to the evidence at the close of plaintiff’s evidence, and also at the close of the whole ■case, ought to have been sustained. Powell n. M. P. By., 76 Mo. 80; Lenex «. M. P. By., 76 Mo. 86; Moody, P. By. Co., 68 Mo. 472 ; Kelly v. II. & St. J. By. Co., 75 Mo. 140 ; Purl v. A. & P. By. Co., 72 Mo. 168; Johnson' ■». C., B. I. & P. By., 77 Mo. 546 ; Harlan v. By.…
1Opinion of the CourtNorton, J.
This suit was brought to recover damages for killing a horse and breaking a wagon, by a train of defendant’s carson a public road crossing, alleged to have been occasioned by the failure of defendant to construct and maintain a good and sufficient crossing over its road. Plaintiff obtained judgment for $129.60, from which the defendant has appealed.
The evidence on the trial tended to show that the crossing in question was, at the time of the accident, and for some time previous had been out of repair, and in bad condition, and that in consequence thereof, plaintiff’s horses, hitched to a…
2Cases cited3 opinions
- Miller v. HardinSupreme Court of Missouri · 1877
- DeSteiger v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Wade v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
3Cited by6 opinions
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Norman v. . R. R.Supreme Court of North Carolina · 1914
- Norman v. Charlotte Electric Railway Co.Supreme Court of North Carolina · 1914
- Jordan v. C., B. Q.R.R. Co.Missouri Court of Appeals · 1920
- Hickman v. Union Depot RailroadMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.