Milburn v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. W. H. ■ Sherman, Judge. (1) The court erred in overruling defendant’s demurrer to the case made by plaintiff’s evidence: (a) Because there was no evidence that the engineer saw the cows in time to avoid injuring them by stopping the train. Tarnall v. By. Co., 75 Mo. 583; Frióle v. By. Co., 75 Mo. 608 ; Zimmerman v. By.
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Appeal from Buchanan Circuit Court. — Hon. W. H. ■ Sherman, Judge. (1) The court erred in overruling defendant’s demurrer to the case made by plaintiff’s evidence: (a) Because there was no evidence that the engineer saw the cows in time to avoid injuring them by stopping the train. Tarnall v. By. Co., 75 Mo. 583; Frióle v. By. Co., 75 Mo. 608 ; Zimmerman v. By. Co., 71 Mo. 484. (5) Because there was no evidence from which the jury could rationally infer that the failure of the engineer to see the cows in time, if he did so fail, was a negligent failure. Smith r¡. H. & St. J. By. Co., 37 Mo.…
1Opinion of the CourtHenry, C. J.
— This action is to recover the value off two cows killed by defendant’s train of cars at a public-crossing. Plaintiff had judgment, from which defendant has appealed.' The petition contains two counts,, one for killing a cow- on the fourteenth, and the other1 for killing a cow on the twenty-third of June, 1881. The killing of the cow on the fourteenth occurred about sundown, and the other in the forenoon of the twenty-third, about nine o’clock. Both cows were killed by1 regular passenger trains.
The evidence for plaintiff tended to prove that the-cows could have been seen, by one on the…
2Cases cited1 opinion
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
3Cited by27 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Lynch v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Roberts v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1902
- Sissel v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
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