Robinson v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the St. Francois County Circuit Court, James D. Fon, Judge. The court erred in refusing the defendant’s demurrer to the evidence at the close of the plaintiff’s case, as the evidence showed that the cow got on the track over a switch which was being used by the company and its patrons, for the loading and unloading of granite, and other freight, and could not be fenced at that place without greatly incommoding both the railway company and the public, in the…
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Appeal from the St. Francois County Circuit Court, James D. Fon, Judge. The court erred in refusing the defendant’s demurrer to the evidence at the close of the plaintiff’s case, as the evidence showed that the cow got on the track over a switch which was being used by the company and its patrons, for the loading and unloading of granite, and other freight, and could not be fenced at that place without greatly incommoding both the railway company and the public, in the transaction of the freight business at that station. Swearingen v. Railroad, 64 Mo. 75; Lloyd v. Railroad, 49 Mo. 199; Morris…
1Opinion of the CourtLewis, P. J.
The plaintiff sued for damages before a justice of the peace for the killing of his cow by a freight train of the • defendant, at Knob Lick Station. At the point where the cow got on the track and was killed, the road was .not fenced, nor was it at the crossing of a public highway, -or within the limits of an incorporated town. But the *143ground was contiguous to the depot, and the evidence tended to show that it was used for the deposit of granite blocks in considerable numbers for shipment on the trains. At the trial, on defendant’s appeal, the circuit •court instructed as follows for the…
2Cases cited1 opinion
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
3Cited by5 opinions
- Fair Mercantile Co. v. St. Paul Fire & Marine InsuranceMissouri Court of Appeals · 1943
- 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
- Duncan v. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1905
- Forester v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1887