Aubuchon v. St. Louis & Iron Mountain Railroad Co.
Supreme Court of Missouri
Error to Washington Circuit Court. “Negligence may be established, either by proof of the facts and circumstances attending the transaction, or by showing that the injury was done on a part of the road not enclosed by a lawful fence, or not on the crossing of a public highway.” (Calvert vs. Hannibal & St. Joe. E. E. Co. 38 Mo., 467.) This petition was drawn in accordance with the opinion of this court as expressed in the same case reported 34 Mo. 242.
1Opinion of the CourtWagner, Judge
It is utterly impossible to sustain the judgment of the court below in this case. The petition alleged, that defendant negligently and carelessly ran over, maimed, and hilled, certain cattle belonging to the plaintiff, and that the same was done on a part of its road that Avas not enclosed by a lawful fence and that was not a public road crossing. At the trial the court refused to permit the plaintiff to introduce any evidence to sustain his averments, on the ground that the petition did not state a cause of action.
This ruling was certainly erroneous. The pleading set out a good cause of…
2Cited by3 opinions
- Fickle v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Howenstein v. Pacific R. R.Supreme Court of Missouri · 1874
- Mumpower v. Hannibal & St. Joseph Rail RoadSupreme Court of Missouri · 1875