Bradford v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. . Shackleford, Judge. (1) Tbe court erred in permitting tbe witness, Nixon, to express bis opinion in regard to Texas fever, and the manner in which it is communicated. He was not qualified-to speak as an expert. (2) The petition did not state a cause of action, because it did not show any act of the defendant to be the proximate cause of the alleged injury.
Read the full summary
Appeal from the Cooper Circuit Court. — Hon. D. W. . Shackleford, Judge. (1) Tbe court erred in permitting tbe witness, Nixon, to express bis opinion in regard to Texas fever, and the manner in which it is communicated. He was not qualified-to speak as an expert. (2) The petition did not state a cause of action, because it did not show any act of the defendant to be the proximate cause of the alleged injury. (3) The demurrer to the plaintiff’s evidence should have been sustained. (4) The plaintiff’s instruction was erroneous, because it submitted questions to the jury without any evidence to…
1Opinion of the CourtSmith, P. J.
This is an action which was brought by the plaintiff against the defendant to recover the value of two milch cows, which, it is alleged, were killed, in consequence of the negligence of the defendant.
The evidence tended to prove that: Harriston is a small station on the defendant’s railroad in Cooper county, and the railroad grounds thereat were unfenced, so that stock, running at large, could approach the stock pens. The plaintiff lived about a mile north of this station and owned two milch cows that ran at large, grazed on the open lands in the vicinity and sometimes on the railroad lands…
2Cases cited7 opinions
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Mack v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Banks v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Scholl v. GraysonMissouri Court of Appeals · 1910
- McAnany ex rel. McAnany v. HenriciSupreme Court of Missouri · 1911
- Foley ex rel. Foley v. McMahonMissouri Court of Appeals · 1905
- Fleddermann v. St. Louis Transit Co.Missouri Court of Appeals · 1908
- Meng v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.