Walton v. Wabash Western Railway Co.
Missouri Court of Appeals
Appeal from Chariton Circuit Court. —Hon. GK D. Burgess, Judge. The case is stated in the opinion. (1) There was no evidence in the cause to support the verdict. Moore v. Railroad, 28 Mo. App. 622 ; Ehret v. Railroad, 20 Mo. App. 251. (2) The court gave improper and refused proper instructions. As to the improper instructions given: White v. Chaney, 20 Mo.
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Appeal from Chariton Circuit Court. —Hon. GK D. Burgess, Judge. The case is stated in the opinion. (1) There was no evidence in the cause to support the verdict. Moore v. Railroad, 28 Mo. App. 622 ; Ehret v. Railroad, 20 Mo. App. 251. (2) The court gave improper and refused proper instructions. As to the improper instructions given: White v. Chaney, 20 Mo. App. 389 ; Lester v. Railroad, 60 Mo. 268; Benson v. Railroad, 78 Mo. 504. As to the proper instructions refused: Daniels v. Railroad, 62 Mo. 43 ; Eitterling v. Railroad, 79 Mo. 504 ; Ridenore v. Railroad, 81 Mo. 227 ; Laney v. Railroad, 83…
1Opinion of the CourtRamsay, J.
— This action was instituted to recover damages for the killing of twenty-one head of cattle belonging to the plaintiff, on the railway of defendant, in the month of June, 1887. at a point on said railway where it passed through the improved lands of plaintiff. As originally drawn, plaintiff’s petition contained three counts. The first stated a cause of action at common law and was based on the negligent management of the defendant’s train. The second stated a cause of action under section 2124 of the Revised Statutes,- and the third was based on section 809 of the statutes. So far as is…
2Cases cited6 opinions
- Wilson v. Board of EducationSupreme Court of Missouri · 1876
- Fickle v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Ehret v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Radcliffe v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Gee v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
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3Cited by2 opinions
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Schlotzhauer v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1901