Weltch v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Bollinger County Circuit Court.- — Hon. Peter H. Huck, Judge. (1) While under recent adjudications it is held that proof of failure to comply with the statute by sounding a whistle or ringing a bell on approaching a public crossing, and the further proof that an animal was struck at such crossing raises a prima-facie presumption of negligence, yet where, as in this case, respondent’s own evidence shows that such failure was-not the cause of the collision,…
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Appeal from Bollinger County Circuit Court.- — Hon. Peter H. Huck, Judge. (1) While under recent adjudications it is held that proof of failure to comply with the statute by sounding a whistle or ringing a bell on approaching a public crossing, and the further proof that an animal was struck at such crossing raises a prima-facie presumption of negligence, yet where, as in this case, respondent’s own evidence shows that such failure was-not the cause of the collision, respondent was not entitled to recover. Atterberry v. Railroad, 110 Mo. App. 608; Green v. Railroad, 192 Mo. 131; Kenney v.…
1Opinion of the CourtSturgis, J.
This is an action to recover damages under section 3140, Revised Statutes 1909, for *216killing plaintiff’s horse. The horse was killed by defendant’s locomotive coming in collision with it at a public crossing. The allegation of negligence is that defendant failed to ring the bell or sound the whistle as the freight train in question approached such crossing. The truth of this allegation stands admitted on this appeal and in fact defendant introduced no evidence to the contrary. The defendant’s insistence is that plaintiff’s evidence shows that such failure on defendant’s part was not the cause…
2Cases cited9 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Stoneman v. Atlantic & Pacific R. R.Supreme Court of Missouri · 1875
- Alexander v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1882
- Atterberry v. Wabash Railway Co.Missouri Court of Appeals · 1904
- Wheeler v. Wabash RailroadMissouri Court of Appeals · 1911
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3Cited by2 opinions
- Underwood v. Saint Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1915
- Malone v. St. Louis-San-Francisco Railway Co.Missouri Court of Appeals · 1926