Wallace v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. R. P. Owen, Judge. Action to recover single damages for killing and wounding plaintiff’s colts.
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Appeal from Butler Circuit Court. — Hon. R. P. Owen, Judge. Action to recover single damages for killing and wounding plaintiff’s colts. The evidence tended to show that the colts were struck by a freight train of defendant’s cars, and one of them killed and the other wounded; that the train was running about twelve miles an hour; that the colts were running in front of the train and were dashing from one side of the track to the other; that no noise was 'made to scare them; that the train could have checked up in 100 yards, and that the colts could have been seen by the engineer 300 yards.…
1Opinion of the CourtSherwood, C. J.
The demurrer to the evidence, was well taken. The injuries occurring, as they did, within the corporate limits of a city, it devolved on plaintiff, in order that he might recover, to show that the actual negligence of the railroad company caused such injuries; (Lloyd v. Railroad Co., 49 Mo. 199; Swearingen v. Railroad Co., 64 Mo. 73;) as in cases like the present one, the law raises no inference of negligence from the mere fact of the animal being killed on the railroad track. Wier v. Railroad Co., 48 Mo. 558; Calvert v. Railroad Co., 34 Mo. 242. We find no evidence in this record which, in…
2Cases cited8 opinions
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Holman v. Chicago, Rock IsLand & Pacific RailroadSupreme Court of Missouri · 1876
- Swearingen v. M., K. & T. R. R.Supreme Court of Missouri · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Stepp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
20 more not listed; retrieve them via the Exa API.