Downey v. Mississippi River & Bonne Terre Railway Co.
Missouri Court of Appeals
Appeal from St. Francois Circuit Court. — Hon. Frank B. Bearing, Judge. The court erred in refusing instructions offered on the part of defendant, as under the evidence in this case plaintiff was not entitled to recover. Pearson v. Railroad, 33 Mo. App. 546; Jennings v. Railroad, 37 Mo. App. 652; Cos v. Railroad, 128 Mo. 362; Spooner v. Railroad, 66 Mo. App. 32; Crenshaw v. Railroad, 54 Mo. App. 233; Lloyd v. Railroad, 49 Mo. 199; Ellis v. Railroad, 89 Mo.
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Appeal from St. Francois Circuit Court. — Hon. Frank B. Bearing, Judge. The court erred in refusing instructions offered on the part of defendant, as under the evidence in this case plaintiff was not entitled to recover. Pearson v. Railroad, 33 Mo. App. 546; Jennings v. Railroad, 37 Mo. App. 652; Cos v. Railroad, 128 Mo. 362; Spooner v. Railroad, 66 Mo. App. 32; Crenshaw v. Railroad, 54 Mo. App. 233; Lloyd v. Railroad, 49 Mo. 199; Ellis v. Railroad, 89 Mo. App. 241; Wright v. Railroad, 56 Mo. App. 367. (1) Railroad companies are required to erect and maintain fences along tbe sides of its…
1Opinion of the CourtGoode, J.
This action was begun to recover double damages for the killing of a sow belonging to the plaintiff, by one of the defendant’s trains. the accident occurred about one hundred and forty yards south of the depot or station at Desloge, an unincorporated town on the defendant’s line.
It is not possible for an appellate court to gather from the evidence in the record any distinct understanding of the vicinity of the spot where the animal was killed; but it does appear the defendant’s main track, and also two side tracks, run parallel at that point and for a considerable distance north and south of…
2Cited by5 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Hendley v. Globe Refinery Co.Missouri Court of Appeals · 1904
- Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- Holland v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1904