Evans & Howard Fire Brick Co. v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thayeb, Judge. The answer of the jury to the first interrogatory is too uncertain to have any effect as a verdict. It expresses the belief of the jurors, but does not amount to a finding by the jury. Iloplcins v. Stanley, 43 Ind. 558 ; Housworth v. Bloomhuff', 54 Ind. 587; Davis v. Qity of Farmington, 42 Wis. 433; 3 Black. Com. 377; Qarroll v. Bohan,. 43 Wis. 218; Williams v. Willis, 7 Abb. Pr. 90; 3 Ciiitty Crim.
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Appeal from the St. Louis Circuit Court, Amos M. Thayeb, Judge. The answer of the jury to the first interrogatory is too uncertain to have any effect as a verdict. It expresses the belief of the jurors, but does not amount to a finding by the jury. Iloplcins v. Stanley, 43 Ind. 558 ; Housworth v. Bloomhuff', 54 Ind. 587; Davis v. Qity of Farmington, 42 Wis. 433; 3 Black. Com. 377; Qarroll v. Bohan,. 43 Wis. 218; Williams v. Willis, 7 Abb. Pr. 90; 3 Ciiitty Crim. Law, 643; Diehl v. Peters, 1 Serg. & R. 367 ; Birclthead 'o. Brown, 5 Hill, 635 ; Cleveland Ins. Co. v. Ins. Co., 98 U. S. 374. It…
1Opinion of the CourtLewis, P. J.
This is an action for the killing, of the plaintiff’s-mule by a running locomotive of the defendant. The petition contained three counts. The first was for a negligent killing, with a specification that the train was-running at a rate exceeding six miles an hour within the limits of the city'of St. Louis, in violation of a municipal ordinance. The second charged that, at a point where the defendant’s railroad was not enclosed by a lawful fence, and where there was no crossing of any public-highway, the defendant so ran and operated its locomotive and train as to run against and kill the…
2Cases cited5 opinions
- Comer v. HimesIndiana Supreme Court · 1875
- Hoyt v. City of HudsonWisconsin Supreme Court · 1876
- Bradley v. BradleyIndiana Supreme Court · 1873
- Scheible v. LawIndiana Supreme Court · 1878
- Hazard Powder Co. v. ViergutzSupreme Court of Kansas · 1870
3Cited by5 opinions
- Roberts v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1902
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- McGuire v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- State ex rel. Upper v. HannaWashington Supreme Court · 1915
- Phister v. GoveMissouri Court of Appeals · 1892