Welch v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Caldwell Circuit Court, Host. B. M. Billet, Special Judge. The case is stated iu the opinion. I. The court erred in -overruling defendant’s demurrer to the evidence. The suit is for negligence in running the train in town and switch limits, and the plaintiff, to recover, must prove actual negligence, and that the negligence proved occasioned the injury.
Read the full summary
Appeal from Caldwell Circuit Court, Host. B. M. Billet, Special Judge. The case is stated iu the opinion. I. The court erred in -overruling defendant’s demurrer to the evidence. The suit is for negligence in running the train in town and switch limits, and the plaintiff, to recover, must prove actual negligence, and that the negligence proved occasioned the injury. Robertson v. Railroad, 64 Mo. 412, and cases cited ; Holman v. Railroad, 62 Mo. 562. If the train was running at the rate of fifteen miles an hour, this toas not negligence entitling plaintiff to a verdict. Young v. Railroad, 79…
1Opinion of the CourtPhilips, P. J.
This is an action for damages for ■the killing of plaintiff’s.cow, by defendant’s locomo*364tive. The action is at common law for single damages. The imputed negligence is the carelessness of defendant’s servants in running and managing the train of cars. The accident occurred within the town of Breckenridge, Caldwell county.
Plaintiff recovered judgment heretofore in the circuit court, and on appeal, taken by the defendant, to this court, the judgment was reversed, on account of an error in the instruction given on behalf of plaintiff. (20 Mo. App. 477). On the re-trial the instruction given for…
2Cases cited6 opinions
- Robertson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- In re the Estate of BominoSupreme Court of Missouri · 1884
- Braxton v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Welch v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1886
- Mapes v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mulderig v. St. Louis, Kansas City & Colorado RailroadMissouri Court of Appeals · 1906
- State Ex Rel. Brines v. FranklinMissouri Court of Appeals · 1926