Davis v. Hannibal & St. Joseph Railway Co.
Missouri Court of Appeals
Appeal from Clay Circuit Court, Hon. G-eo. W. Dunn, Judge. The case and facts are stated in the opinion. I. Proof of negligence in failing to repair, after notice of the defect, or of negligence in failing to discover it seasonably and to repair it within a reasonable time thereafter, was necessary to entitle plaintiff to recover. Clardy v. Ry. Co., 73 Mo. 578; Slier. & Redf. on Negligence, sect. 459 ; Fitterling v. Ry.
Read the full summary
Appeal from Clay Circuit Court, Hon. G-eo. W. Dunn, Judge. The case and facts are stated in the opinion. I. Proof of negligence in failing to repair, after notice of the defect, or of negligence in failing to discover it seasonably and to repair it within a reasonable time thereafter, was necessary to entitle plaintiff to recover. Clardy v. Ry. Co., 73 Mo. 578; Slier. & Redf. on Negligence, sect. 459 ; Fitterling v. Ry. Co., 79 Mo. 508. There was a total failure of evidence of the negligence charged. II. Plaintiff’s evidence disclosed contributory negligence, and, therefore, he should not…
1Opinion of the CourtPhilips, P. J.
This action was begun in a justice’s court, and tried on appeal in the circuit court, where plaintiff again recovered judgment, from which the defendant prosecutes this appeal. The action is based on section 809, Revised Statutes, commonly known as the double liability clause for injury done to stock by railroad companies, resulting from the failure of defendant to erect and maintain a sufficient fence at the point where the animal got on the track.
The evidence, as shown by the bill of exceptions, is as follows:
*428“William P. Davis, plaintiff, being sworn, testified in Ms own behalf, as follows:…
2Cases cited5 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
- Varco v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
- Busby v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
3Cited by5 opinions
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Boyle v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Kirkpatrick v. Illinois Southern Railway Co.Missouri Court of Appeals · 1906
- Gee v. St. Louis & Gulf Railway Co.Missouri Court of Appeals · 1907
- Kansas, Oklahoma & Gulf Ry. Co. v. KeirseySupreme Court of Oklahoma · 1954