Harrison v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appealfrom Lafayette Circuit Court. — Hon. John P. Strother, Judge. The ruling of the court below, that the plaintiff was entitled to recover the full value of the injured animal, when she made no effort to save it, although she might have done so, or at least utilized it for food and realized from its hide and tallow, was erroneous. Where cattle are not killed by a train on a railroad, it is the duty of the owner to dispose of them to the best advantage.
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Appealfrom Lafayette Circuit Court. — Hon. John P. Strother, Judge. The ruling of the court below, that the plaintiff was entitled to recover the full value of the injured animal, when she made no effort to save it, although she might have done so, or at least utilized it for food and realized from its hide and tallow, was erroneous. Where cattle are not killed by a train on a railroad, it is the duty of the owner to dispose of them to the best advantage. Railroad v. Pinnigan, 21 111. 646. ^ T' Plaintiff notified defendant that she abandoned the . maimed and lacerated carcass to them and she…
1Opinion of the CourtRay, J.
A milk cow, the property of plaintiff, was struck and injured by the engine and cars of defendant and several days thereafter died of the injuries thus received. The railroad was not fenced as required by 'aw where the cow entered upon the track and was struck and injured, and the action is brought under the statute to recover double the damages. The liability of defendant is conceded, and the only question before us is as to the measure of damages. So far as pertinent and material the testimony is substantially to this effect :
- The witnesses for plaintiff testify that the cow was of value…
2Cited by12 opinions
- American Smelting & Refining Co. v. Riverside Dairy & Stock FarmCourt of Appeals for the Eighth Circuit · 1916
- Coyle and Smith v. BaumSupreme Court of Oklahoma · 1895
- Gilwee v. Pabst Brewing Co.Missouri Court of Appeals · 1917
- Dietrich v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1901
- Hughes v. City of AustinCourt of Appeals of Texas · 1896
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