Welch v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Hon. Henry C. Riley, Judge. (1) Plaintiff’s second instruction is wrong, as it told the jury that if they found from the evidence that the defendant maintained no depot or agent at Delisle, then it was not a station. Such is not the law. It is not necessary to constitute a place a station that a depot building should be erected, or "that a station agent should be kept present. Foster v. Railroad, 112 Mo.
Read the full summary
Appeal from New Madrid Circuit Court. — Hon. Henry C. Riley, Judge. (1) Plaintiff’s second instruction is wrong, as it told the jury that if they found from the evidence that the defendant maintained no depot or agent at Delisle, then it was not a station. Such is not the law. It is not necessary to constitute a place a station that a depot building should be erected, or "that a station agent should be kept present. Foster v. Railroad, 112 Mo. App. 72; Smith v. Railroad, 111 Mo. App. 410; Acord v. Railroad, 113 M'o. App. 101. (2) DeLisle was on the time card as a flag station, and trains…
1Opinion of the CourtBland, P. J.
On the night of September 15, 1906, two of plaintiff’s mares and the colt of one of them went upon defendant’s railroad track at DeLisle, in Pemiscot county, and were run upon by one of defendant’s locomotives and a train. One mare and the colt were killed and the other mare badly injured, hence this action, brought on the double damage act. By the verdict, plaintiff’s damages were assessed at $210, which the court, on plaintiff’s motion, doubled and rendered judgment for $420. Defendant appealed.
The court gave the following instruction for plaintiff:
“2. The court instructs the jury that if…
2Cases cited7 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Davis v. YongeSupreme Court of Arkansas · 1905
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Boyle v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Duncan v. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hay v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Brandon v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910