Legal Opinion

Tarwater v. Hannibal & St. Joseph Railroad

Supreme Court of Missouri

Decided February 15, 1868PublishedCited by 8 opinions

Appeal from Caldwell Circuit Court. I. The answer alleged negligence on the part of the plaintiff. Plaintiff’s motion to strike out. defendant’s answer admitted the allegations contained in it. If either party, by his negligence, contribute to the catastrophe, he must suffer the consequences. (Kennedy v. North Missouri R.R. Co., 86 Mo. 363; Brown’s Leg.

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Appeal from Caldwell Circuit Court. I. The answer alleged negligence on the part of the plaintiff. Plaintiff’s motion to strike out. defendant’s answer admitted the allegations contained in it. If either party, by his negligence, contribute to the catastrophe, he must suffer the consequences. (Kennedy v. North Missouri R.R. Co., 86 Mo. 363; Brown’s Leg. Max. 201-2 ; 87 Mo. 549 ; 36 Mo. 487.) H. The statute concerning fencing railroads does not authorize a plaintiff to recover when his own negligence contributed to the injury. (Gorman v. Pacific R.R. Co., 26 Mo. 449; March v, New York & Erie…

1Opinion of the CourtHolmes, Judge

This was a suit under the statute (Gen. Stat. 1865, ch. 63, p. 343) for damages in killing a horse of the plaintiff which had got on the track of the railroad, and was run oyer by the locomotive and train, in a part of the road that was not inclosed by a lawful fence, and was not at the crossing of a public highway.

The answer contained no specific denial of the allegations of the petition. It merely alleged that the plaintiff carelessly and negligently turned the animal out upon the uninclosed lands adjoining the railroad, and that by means of that act of gross negligence on the part of the…

2Cases cited4 opinions

  1. Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
  2. Callahan v. WarneSupreme Court of Missouri · 1867
  3. Curry v. CablissSupreme Court of Missouri · 1866
  4. Hannibal & St. Joseph Railroad v. KenneySupreme Court of Missouri · 1867

3Cited by8 opinions

  1. Mackenzie Oil Co. v. Omar Oil & Gas Co.Superior Court of Delaware · 1929
  2. Jackson v. FultonMissouri Court of Appeals · 1901
  3. Gabbert v. EvansMissouri Court of Appeals · 1914
  4. Hay v. ShortSupreme Court of Missouri · 1871
  5. Apitz v. Missouri Pacific Ry. Co.Missouri Court of Appeals · 1885

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