Waddell v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. The court erred in not directing a verdict for tbe defendant under tbe pleadings and tbe evidence. Peffer v. Railroad, 98 Mo. App. 291; Fundu v. Railroad, 123 Mo. App. 169; Bank v. Railroad, 98 Mo. App. 330; Peck v. Railroad, 31 Mo. App. 125; Moore v. Railroad, 28 Mo.. App. 622; Glick v. Railroad, 57 Mo. App. 105. The authorities cited by appellant do not support its contention.
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Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. The court erred in not directing a verdict for tbe defendant under tbe pleadings and tbe evidence. Peffer v. Railroad, 98 Mo. App. 291; Fundu v. Railroad, 123 Mo. App. 169; Bank v. Railroad, 98 Mo. App. 330; Peck v. Railroad, 31 Mo. App. 125; Moore v. Railroad, 28 Mo.. App. 622; Glick v. Railroad, 57 Mo. App. 105. The authorities cited by appellant do not support its contention. The case falls under the following: Holland y. Railroad, 13 Mo. App. 585; Kenney v. Railroad, 70 Mo. 243; Torpey y. Railroad, 64 Mo. App. 382; Fields Y.…
1Opinion of the CourtGoode, J.
Plaintiff, sued to recover for the loss of oats, hay in stack, a meadow of timothy and other grasses, and fifty rails, stated to have been destroyed by a fire set out by one of defendant’s locomotives. A verdict and judgment were given in his favor for $450 and defendant appealed, contending the evidence did not prove the fire was set by one of its locomotives. Stating the evidence in the phase most favorable to plaintiff, the facts shown are these: The fire broke out about noon of a day in October, or was discovered at that time. Defendant’s railroad runs through plaintiff’s farm and some…
2Cases cited13 opinions
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Kansas City, Fort Scott & Memphis Railroad v. B. F. Blaker & Co.Supreme Court of Kansas · 1904
- Kansas City, Fort Scott & Memphis Railroad v. PerrySupreme Court of Kansas · 1902
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Big River Lead Co. v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
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3Cited by4 opinions
- Kennedy v. Minarets & Western Railway Co.California Court of Appeal · 1928
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- Hudspeth v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Anderson v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1963