Dees v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Wayne Circuit Court.—Eon. Jos. J. Williams, Judge. There is no testimony showing any collision between the train and the mare, that the mare had ever been on the track or was struck by defendant’s engine and cars and knocked off the track. There was not sufficient testimony to go to the jury. Gilbert v. Railroad, 23 Mo. App. 65; Lindsay v. Railroad, 36 Mo. App. 53; Perkins v. Railroad, 103 Mo. 679; Hesse v. Railroad, 36 Mo.
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Appeal from Wayne Circuit Court.—Eon. Jos. J. Williams, Judge. There is no testimony showing any collision between the train and the mare, that the mare had ever been on the track or was struck by defendant’s engine and cars and knocked off the track. There was not sufficient testimony to go to the jury. Gilbert v. Railroad, 23 Mo. App. 65; Lindsay v. Railroad, 36 Mo. App. 53; Perkins v. Railroad, 103 Mo. 679; Hesse v. Railroad, 36 Mo. App. 163; Kendrick v. Railroad, 81 Mo. 521; Hobert y. Railroad, 82 M'o. 90; Henson y. Railroad, 34 Mo. App. 636; Logan y. Railroad, 111 Mo. App. 674; Shaw v.…
1Opinion of the CourtNortoni, J.
This suit is for double damages under section 1105, Revised Statutes 1899, against the railroad for the killing of plaintiff’s mare. The petition is in the usual form, and alleges in substance the defendant was operating its locomotives and trains at a point where its road passes through inclosed lands and where defendant was required to, but failed and neglected to fence its right of way, in consequence of which neglect, plaintiff’s mare came upon the track and was killed. The trial was had before a jury in the circuit court and plaintiff recovered. Defendant appeals.
The only error assigned…
2Cases cited2 opinions
- Shaw v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Morse v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880