Milburn v. Hannibal & St. Joseph Railway Co.
Missouri Court of Appeals
Appeal from Olay Circuit Court, Hon. George W, Dunn, Judge. Statement of case by the court. This is an action instituted in a justice’s court, and tried, on appeal, in the circuit court. It is to recover damages for the killing of plaintiff’s cow by defendant’s train of cars.
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Appeal from Olay Circuit Court, Hon. George W, Dunn, Judge. Statement of case by the court. This is an action instituted in a justice’s court, and tried, on appeal, in the circuit court. It is to recover damages for the killing of plaintiff’s cow by defendant’s train of cars. The allegation of the complaint, material to this decision, is, that ‘ ‘ the defendant, by its agents- and servants, while running its engine and cars upon its-said railroad, did negligently and carelessly run over, strike, maim and kill with said engine and cars, certain cattle belonging to plaintiff, to-wit: one…
1Opinion of the CourtPhilips, P. J.
— The important question for determination is, whether the court erred in admitting the evidence touching the presence of blue grass and water on or near the defendant’s track, and in giving the instruction referring to this fact.
It is quite manifest that the negligence imputed to defendant, as the cause of the injury, was the negligent and careless running of the train by defendant’s servants. This was the sole issue, and the evidence, of course, should have been limited to this inquiry. Under this issue, it was competent for plaintiff to have introduced ■evidence of any fact tending to show…
2Cases cited1 opinion
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
3Cited by7 opinions
- Rio Grande Western Railway Co. v. BoydSupreme Court of Colorado · 1908
- Hoffman v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Grant v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1887
- Wasson v. McCookMissouri Court of Appeals · 1899
- Sloop v. Saint Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1886
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