Harned v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The demurrer to the first count should have-been sustained. There was not sufficient evidence that the cow was struck by the defendant’s locomotive, or train of cars. O’ Donnell v. Railroad, 7 Mo. App. 190; Gilbert v. Railroad, 23 Mo. App. 65; Lindsay v. Railroad, 36 Mo.
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Appeal from the Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The demurrer to the first count should have-been sustained. There was not sufficient evidence that the cow was struck by the defendant’s locomotive, or train of cars. O’ Donnell v. Railroad, 7 Mo. App. 190; Gilbert v. Railroad, 23 Mo. App. 65; Lindsay v. Railroad, 36 Mo. App. 51. (2) There was no evidence whatever, from which it could be inferred with reasonable certainty, that the cow mentioned in the second count had been struck by the engine or cars. Taylor v. Fox, 16 Mo. App. 527; Lindsay v. Bailroad, 'supra; Gilbert…
1Opinion of the CourtGill, J.
Plaintiff Harned owned a herd of thoroughbred cattle which in May, 1891, he kept in a pasture near Bunceton, Missouri, and on the line of the defendant’s railroad. The road ran through this *486pasture and was unfenced. In the first three counts in plaintiff’s petition he seeks to recover the double damages allowed by statute for the killing or injuring some of these cattle. The first count alleges that the defendant on the first day of May, 1891, with its cars and engines struck and injured a certain thoroughbred cow, and damaged her to the amount of $200, and prays judgment for double damages,…
2Cases cited4 opinions
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Gee v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- McBride v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Mayfield v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1886
3Cited by9 opinions
- Chicago, R. I. & P. Ry. Co. v. SpearsSupreme Court of Oklahoma · 1912
- St. Louis S. F. R. Co. v. LaddSupreme Court of Oklahoma · 1912
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1909
- Pierson v. Northern Pacific Railway Co.Washington Supreme Court · 1911
- Chicago, Indianapolis & Louisville Railway Co. v. PriddyIndiana Court of Appeals · 1917
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