Hill v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Certified from St. Louis Court of Appeals. (1) At common law a person using dangerous instruments or mechanisms does so at his peril, and is responsible for any damages not caused by natural occurrences, or by the interposition of strangers. .Wharton’s Law of Negligence [1 Ed.], p. 716, sec. 851. (2) At common law a railroad company, though not bound to maintain fences sufficient to keep cattle off its line, -is bound tó use every reasonable care to prevent them from…
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Certified from St. Louis Court of Appeals. (1) At common law a person using dangerous instruments or mechanisms does so at his peril, and is responsible for any damages not caused by natural occurrences, or by the interposition of strangers. .Wharton’s Law of Negligence [1 Ed.], p. 716, sec. 851. (2) At common law a railroad company, though not bound to maintain fences sufficient to keep cattle off its line, -is bound tó use every reasonable care to prevent them from straying on the line, and when on the track, however negligently or unlawfully, if they are negligently run down, the road is…
1Opinion of the CourtBurgess, J.
This is an action for damages-against the defendant for killing three horses belonging to the plaintiff. Defendant demurred to the petition which was sustained by the circuit court and plaintiff declined to plead further; judgment was rendered for defendant and plaintiff appealed to the St. Louis court of appeals where the judgment of the circuit court was reversed in an opinion rendered by THOMPSON, J. The case was then certified to this court because of a conflict in the opinion with the decisions of the Kansas City court of appeals in Hoffman v. Railroad, 24 Mo. App. 546; and Welch v.…
2Cases cited3 opinions
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Hoffman v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Welch v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1886
3Cited by23 opinions
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Clancy v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Kitchen v. Schlueter Manufacturing Co.Supreme Court of Missouri · 1929
- McHugh v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
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