Wasson v. McCook
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Hon. J. C. Lamson, Judge. As was well said by Judge Bond when this case was here before “the law applicable to the cause of action and facts shown in this record is simple and well settled. It is not brought under the statutes (R. S., 2611-4428) giving double or single damages for injuries to stock.
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Appeal from the Newton Circuit Court. — Hon. J. C. Lamson, Judge. As was well said by Judge Bond when this case was here before “the law applicable to the cause of action and facts shown in this record is simple and well settled. It is not brought under the statutes (R. S., 2611-4428) giving double or single damages for injuries to stock. It is therefore necessary, in order to recover, for the plaintiff to show that the actual negligence of the defendant caused the killing of the cow. Wallace v. Railroad, 14 Mo. loe. cit. 591.” Wasson v. McCook,'70 Mo. App. 393. In order to show negligence,…
1Opinion of the CourtBland, P. J.
This case was here on appeal by defendants at the March term, 1897, when it was reversed and remanded (70 Mo. App. 395). On retrial plaintiff again recovered a judgment, from which defendants appealed.
The charging part of the complaint is as follows: “That on the 2d day of September, 1895, in said Yan Burén township, the defendants by their agents and servants while running its engines and cars upon the said railroad did negligently, wantonly, carelessly, run-over, strike, maim and kill, to wit, one cow, of the value of fifty dollars, to plaintiff’s damage in the sum of fifty dollars, for…
2Cases cited18 opinions
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Holman v. Chicago, Rock IsLand & Pacific RailroadSupreme Court of Missouri · 1876
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
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3Cited by5 opinions
- Atterberry v. Wabash Railway Co.Missouri Court of Appeals · 1904
- Anderson v. WellsMissouri Court of Appeals · 1925
- Kerr v. BushMissouri Court of Appeals · 1918
- Rhinehart v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Morris v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1903