Turner v. Southwest Missouri Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Now. Hugh Dabbs, Judge. The disposition and character of plaintiff’s horse being in' issue, the court erred in excluding evidence showing plaintiff’s horse was afraid of and shied at automobiles and motorcycles, and as to being- high strung and skittish. This evidence tended to show knowledge on part of plaintiff that his horse was scary and liable to scare at a street car and run away.
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Appeal from Jasper Circuit Court. — Now. Hugh Dabbs, Judge. The disposition and character of plaintiff’s horse being in' issue, the court erred in excluding evidence showing plaintiff’s horse was afraid of and shied at automobiles and motorcycles, and as to being- high strung and skittish. This evidence tended to show knowledge on part of plaintiff that his horse was scary and liable to scare at a street car and run away. If, with this knowledge, plaintiff drove his horse on a street with a car line on it, he did so at his own risk. Oates V. Railroad, 168 Mo. 547; O’Neill v. Blase, 94 M'o.…
1Opinion of the CourtEroaddus, P. J.
— This is a suit for damages because of defendants’ negligence.
The defendant city granted a charter to its co-defendant railroad company to lay down a line of railroad, oyer which to operate its cars on Fourth street between Main and Grant streets, and on Grant street north to Third street, and west on Third to Main street, and south on Main street to the southern boundary of the city. At the times herein mentioned, the defendant railroad company had built its line of railroad and was operating its cars oyer said streets by the use of electricity. The company, in doing work in and about its…
2Cases cited8 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Hull v. City of KansasSupreme Court of Missouri · 1874
- Padgitt v. MollSupreme Court of Missouri · 1900
- Vogelgesang v. City of St. LouisSupreme Court of Missouri · 1897
- Fockler v. Kansas CityMissouri Court of Appeals · 1902
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3Cited by5 opinions
- Coplen v. ZimmermanSupreme Court of Missouri · 1954
- Patterson v. StateCourt of Criminal Appeals of Texas · 1911
- Welp v. BogyMissouri Court of Appeals · 1925
- Groves v. Great Eastern Casualty Co.Missouri Court of Appeals · 1922
- Raymond v. Elm Tree Inn Co.Missouri Court of Appeals · 1922