Hobbs v. St. Louis, M. & S. Railroad
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. —Hon. John A. Snider, Judge. (1) Although a party may recover on circumstantial evidence in cases under the stock statutes, yet they should make out a case where a fair presumption may be drawn from them and not a possible presumption. Hesse v. Railway, 36 M'o. App. 163. (2) What was said by Judge Black in the case of Perkins v. Railway, above cited is apropos to this case.
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Appeal from Cape Girardeau Court of Common Pleas. —Hon. John A. Snider, Judge. (1) Although a party may recover on circumstantial evidence in cases under the stock statutes, yet they should make out a case where a fair presumption may be drawn from them and not a possible presumption. Hesse v. Railway, 36 M'o. App. 163. (2) What was said by Judge Black in the case of Perkins v. Railway, above cited is apropos to this case. If the mare was frightened while on the right of way by the train mentioned in the evidence, the employees in charge of the train could have given some evidence upon the…
1Opinion of the CourtNortoni, J.
(after stating the facts). — It is the adjudicated law under section 1106, R. S. 1899, under which this suit was brought, that to recover thereunder it must be shown; first, that the animal went upon the right of way at a point where the fence is defective and through such defective fence; second, that she must be frightened by the locomotive or train of cars; third, that the injury or death must result from running against the fence in consequence 'of such fright. The statute'itself says as much. Courts have repeatedly so held. Briggs v. Ry., 110 Mo. 168; Perkins v. Ry., 103 Mo. 52, 15 S. W.…
2Cases cited11 opinions
- Minnesota v. BarberSupreme Court of the United States · 1890
- Perkins v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Grimes v. EddySupreme Court of Missouri · 1894
- Watson v. WatsonSupreme Court of Missouri · 1892
- Blewett v. Wyandotte, Kansas City & Northwestern Railway Co.Supreme Court of Missouri · 1880
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3Cited by1 opinion
- Moler v. WhismanSupreme Court of Missouri · 1912