Legal Opinion

Evans & Howard Fire Brick Co. v. St. Louis & San Francisco Railway Co.

Missouri Court of Appeals

Decided April 20, 1886PublishedCited by 5 opinions

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

  1. Comer v. HimesIndiana Supreme Court · 1875
  2. Hoyt v. City of HudsonWisconsin Supreme Court · 1876
  3. Bradley v. BradleyIndiana Supreme Court · 1873
  4. Scheible v. LawIndiana Supreme Court · 1878
  5. Hazard Powder Co. v. ViergutzSupreme Court of Kansas · 1870

3Cited by5 opinions

  1. Roberts v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1902
  2. Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
  3. McGuire v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
  4. State ex rel. Upper v. HannaWashington Supreme Court · 1915
  5. Phister v. GoveMissouri Court of Appeals · 1892

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