Logan v. St. Louis, Memphis & Southeastern Railway Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Hon. Jas. L. Fort, Judge. In the first and third counts there is no evidence whatever of a collision with appellant’s train, or with any other train, or that there was ever a train ran over the road at or near where the property was found, and if there was a train or railroad, the testimony fails to state what train or road, which is fatal, and the demurrer should have been sustained. Gilbert v. Railway, 29 Mo.
Read the full summary
Appeal from Stoddard Circuit Court. — Hon. Jas. L. Fort, Judge. In the first and third counts there is no evidence whatever of a collision with appellant’s train, or with any other train, or that there was ever a train ran over the road at or near where the property was found, and if there was a train or railroad, the testimony fails to state what train or road, which is fatal, and the demurrer should have been sustained. Gilbert v. Railway, 29 Mo. App. 65; Lindsay v. Railroad, 36 Mo. App. 53. STATEMENT. This action was commenced in the circuit court of Stoddard county. The petition is in…
1Opinion of the CourtNortoni, J.
(after stating the facts). — Section 1105, R. S. 1899, under which this action was instituted, contemplates an actual collision.between the locomotive or train and the animals injured. There must be some evidence, either direct or circumstantial, to this end. Gilbert v. Railway, 23 Mo. App. 65; Lindsay v. Railway, 36 Mo. App. 51. In this record there is no evidence, either direct or circumstantial, tending to show a collision between a locomotive or cars of appellant, and the *678respondent’s animals alleged to have been injured in the first and third-counts of the petition, nor is there anything…
2Cases cited4 opinions
- Perkins v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Shaw v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Gilbert v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Lindsay v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1889
3Cited by2 opinions
- Scott v. Missouri-Kansas-Texas RailroadMissouri Court of Appeals · 1929
- Scott v. M.-k.-t.R.R. Co.Missouri Court of Appeals · 1929