Buckman v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Monroe Cirenit Court. — Ho». David H. Eby, Judge. (1) The court erred in admitting’, over defendant’s objection, any evidence concerning’ the condition of the fence and cattle guards. Such evidence did not tend to sustain any issue under the third count of the petition. At any stage of the ease that evidence could only have related to the first and second counts, neither of which was properly involved in the last trial.
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Appeal from Monroe Cirenit Court. — Ho». David H. Eby, Judge. (1) The court erred in admitting’, over defendant’s objection, any evidence concerning’ the condition of the fence and cattle guards. Such evidence did not tend to sustain any issue under the third count of the petition. At any stage of the ease that evidence could only have related to the first and second counts, neither of which was properly involved in the last trial. (2) The second one liad been dismissed and should have been out of the case altogether, while the first one was really concluded by a verdict for defendant on the…
1Opinion of the CourtGoode, J.
The amended petition in this ease is in three counts, the purpose of each being to recover damages for the death of a mare killed on the track of the appellant railway company in Monroe county, Missouri.
The ease was in this court before and is reported in 83 Mo. App. 129. The original petition, on which the first trial took place, was also in three counts and was like the amended petition, except a trifling difference in the second count. The first count of each prayed for double damages because of the failure of the railroad company to erect and maintain proper jEences and cattle guards by…
2Cases cited8 opinions
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Wolfe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Boeger v. LangenbergSupreme Court of Missouri · 1888
- Sidekum v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
- Harper v. MorseSupreme Court of Missouri · 1893
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3Cited by2 opinions
- Peck v. Springfield Traction Co.Missouri Court of Appeals · 1908
- Heberling v. City of WarrensburgMissouri Court of Appeals · 1908