Milligan v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from the Harrison Circuit Court. — Hon. P. C. Stepp, Judge. ■ (1) As to weight of evidence, this is not a case of setting aside a verdict merely because it is against the weight of evidence, but a case where there is not sufficient evidence to support a verdict for plaintiff, if uncontradicted. Summer-ville v. Railroad, 29 Mo.
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Appeal from the Harrison Circuit Court. — Hon. P. C. Stepp, Judge. ■ (1) As to weight of evidence, this is not a case of setting aside a verdict merely because it is against the weight of evidence, but a case where there is not sufficient evidence to support a verdict for plaintiff, if uncontradicted. Summer-ville v. Railroad, 29 Mo. App. 48; and that it is not contradicted by witnesses, who simply did not hear, see Henze v. Railroad, 71 Mo. 638. (2) As to plaintiffs instruction number II, as to sounding whistle, and ringing bell, see Turner v. Railroad, 78 Mo. 578; Cathcart v. Railroad, 19…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for injuries to four head of cattle. The injury happened on a *396public crossing on the defendant’s railway line. The only issue of fact in the case was (1) whether or not the defendant, in approaching the crossing with its train of cars, which collided with plaintiff’s cattle, neglected to sound the whistle or ring the bell as required by the statute — section 2608, Revised Statutes — and (2) if so, whether or not such neglect was the proximate cause of the injury.
instroctions: dence. The objection of the defendant to plaintiff’s first instruction is not…
2Cases cited11 opinions
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Berry v. WilsonSupreme Court of Missouri · 1876
- Isaacs v. SkrainkaSupreme Court of Missouri · 1888
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3Cited by4 opinions
- Spelman v. DelanoMissouri Court of Appeals · 1914
- Butler v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
- Roberts v. Wabash RailroadMissouri Court of Appeals · 1905