Binicker v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. "W. H. Sherman, Judge. The first instruction on behalf of plaintiff is erroneous. If the gate blew open for want of a proper fastening and the cattle entered because the gate was blown open, plaintiff could recover. If it was opened by third parties, the want of a proper fastening was not the proximate cause of the injury, and defendant was not liable.
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Appeal from Buchanan Circuit Court. — Hon. "W. H. Sherman, Judge. The first instruction on behalf of plaintiff is erroneous. If the gate blew open for want of a proper fastening and the cattle entered because the gate was blown open, plaintiff could recover. If it was opened by third parties, the want of a proper fastening was not the proximate cause of the injury, and defendant was not liable. There was evidence on each of these theories, and the jury should have been instructed specifically on each state of facts in evidence. It was a question of law whether the injury was occasioned by…
1Opinion of the Court
Martin, C.
This is an action for the killing of animals under section 809, Revised Statutes, 1879. In his complaint, the plaintiff claims double damages in his first count for the killing of a cow, in his second for the killing of a two year old steer, in his third for the killing, of a three year old heifer, in his fourth for the killing of a steer one and a half years old. On trial anew in the *662circuit court without jury there was a finding and separate assessment of damages on the three first counts, which in the aggregate sum up $120, for which judgment was entered in plaintiff’s favor, to…
2Cited by11 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. KavanaughSupreme Court of Missouri · 1901
- Lamb v. St. Louis Cable & Western Railway Co.Missouri Court of Appeals · 1889
- Ball v. City of IndependenceMissouri Court of Appeals · 1890
- Morrison v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1887
- West v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
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