Legal Opinion

Colyer v. Missouri Pacific Railroad

Missouri Court of Appeals

Decided March 3, 1902PublishedCited by 3 opinions

Appeal from Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) It has been held, and the correctness of the -rule can not be controverted, that a verdict should not be reached by mere guesswork or conjecture. Moore v. Railroad, 28 Mo. App. 622; Railroad v. Shertle, 97 Pa.

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Appeal from Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) It has been held, and the correctness of the -rule can not be controverted, that a verdict should not be reached by mere guesswork or conjecture. Moore v. Railroad, 28 Mo. App. 622; Railroad v. Shertle, 97 Pa. St. 450. (2) The trial court committed error in permitting plaintiffs’ witness, Necessary, to testify as to where the posts were when he reached the place of the accident in the afternoon of the day the accident occurred. This testimony, under the existing circumstances, was not calculated to throw any light on the…

1Opinion of the CourtBroaddus, J.

The plaintiffs sued defendant railway company for the value of eleven mules killed on its right of way, and for the damage to others injured, which were so struck and injured on the twenty-sixth day of January, 1900, while on the defendant’s track which passes through Osage township, Jackson county, Missouri. The petition is in the usual form, to which defendant filed a general denial.

The train that struck the animals was a freight train going west over defendant’s road. The accident occurred at • about six o’clock, a. m. of the day named. They were first discovered on the right of way, but a…

2Cases cited1 opinion

  1. King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1886

3Cited by3 opinions

  1. State v. ColemanMissouri Court of Appeals · 1904
  2. State v. StuartMissouri Court of Appeals · 1906
  3. Colyer v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1905

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