Senate v. Chicago, Milwaukee & St. Paul Railway Co.
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court. — Hon. W. W. ■ Rucker, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. It does not allege defendant’s servants in charge of the train saw the mare upon the track, nor that, after seeing the mare upon the track, they,could have stopped the train and have averted the injury by the exercise of proper care. Waldheir v. Railroad, 7Í Mo. 514, 516, 517; Current v. Railroad, 62 Mo.
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Appeal from the Sullivan Circuit Court. — Hon. W. W. ■ Rucker, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. It does not allege defendant’s servants in charge of the train saw the mare upon the track, nor that, after seeing the mare upon the track, they,could have stopped the train and have averted the injury by the exercise of proper care. Waldheir v. Railroad, 7Í Mo. 514, 516, 517; Current v. Railroad, 62 Mo. App. 65; Jewett v. Railroad, 38 Mo. App. 48; Wallace v. Railroad, 74 Mo. 594; Senate v. Railroad, 41 Mo. App. 297; Fitzgerald v. Railroad, 18…
1Opinion of the CourtGill, J.
— This case is here on a second appeal. Its former disposition is reported in 41 Mo. App. 295. The suit is for the value of a mare run over and killed *225by one of tbe defendant’s freight trains at a station called Harris. As will appear by consulting our first opinion, we sustained the former appeal of the railroad company, reversed the judgment and remanded the cause, because of an erroneous instruction on the merits of the case. Another trial has been had in the circuit-court, resulting as before in a verdict and judgment for plaintiff in the sum of $100, and the defendant has again appealed.
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2Cases cited5 opinions
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Mack v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Pope v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Senate v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1890
3Cited by1 opinion
- Midland Elevator Co. v. Cleary & HamiltonMissouri Court of Appeals · 1898