Gee v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Madison Circuit Court. — Hon. J. H. Nicholson, Judge. Appellant’s refused instructions should have been given.
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Appeal from Madison Circuit Court. — Hon. J. H. Nicholson, Judge. Appellant’s refused instructions should have been given. Cecil v. Railroad Co., 47 Mo. 246, and eases cited; Luclde v. Railroad Co., 67 Mo. 245, and eases cited ;*' Shearman & Redfield on Neg., § 462; Nance v. Railroad Co* 79 Mo. 196. Appellant’s instructions were properly refused. ^McFarland v. Rosenberg, 42 Mo. 439; Deere v. Plant, 42 Mo. 45; Walther v. Railroad Co., . 55 Mo. 376, 377; Fickle v. Railroad Co., 54 Mo. 225, 226; Aubuchon v. Railroad Co., 52 Mo. 522.
1Opinion of the CourtHough, C. J.
This is a suit to recover damages for injuries inflicted, by an engine and cars of defendant, upon a mule belonging to tbe plaintiff. Tbe plaintiff bad judgment before tbe justice and in tbe circuit court, and tbe defendant bas appealed. No objection is made in this court to tbe sufficiency of tbe statement, and indeed tbe only matter alleged as error, is tbe refusal of" tbe court to give certain instructions asked by tbe defendant, which will be noticed hereafter.
It appears, from uncontradicted testimony, that tbe mule in question was in a pasture adjoining tbe right of way of tbe defendant,…
2Cases cited1 opinion
- Clardy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
3Cited by8 opinions
- Ehret v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Harned v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Johnson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1887
- McBride v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Lepp v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
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