Bloomfield v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
«Appeal from New Madrid Circuit Court. — Hon. Henry 0. Riley, Judge. The point where the animal was struck was right at the apes of the connecting track of the New Madrid branch of the Cotton Belt and "the railroad of the appellant, along side of which runs a switch belonging to appellant, which connects with its road north of its apex.
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«Appeal from New Madrid Circuit Court. — Hon. Henry 0. Riley, Judge. The point where the animal was struck was right at the apes of the connecting track of the New Madrid branch of the Cotton Belt and "the railroad of the appellant, along side of which runs a switch belonging to appellant, which connects with its road north of its apex. It is manifest, therefore, that this point should not have been fenced, and the court erred in submitting that question to the jury as it did do by respondent’s instruction number one. Grant v. Railroad, 56 Mo. App. 66; Hillman v. Railroad, 99 Mo. App. 271;…
1Opinion of the CourtGoode, J.
Plaintiff sued for double damages for the killing of a coav by one of defendant’s locomotives. The accident occurred at the station of Lilburn in New Madrid county. The defense is that the cow was struck within the switch limits of said station and where defendant was not, bound to maintain fences and cattle-guards. Lilburn is an incorporated village contain ing from seventy-five to one hundred inhabitants, but the accident occurred outside the corporation line; per-: haps three or four hundred feet to the south of it and three quarters of a mile from defendant’s depot or station. The track…
2Cases cited1 opinion
- Hillman v. Grays Point Terminal Railway Co.Missouri Court of Appeals · 1903