Reed v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) There was not sufficient proof to go to the jury upon the essential fact that plaintiff’s horse was killed by collision with a railroad train. Foster v. Railway, 90 Mo. 116, and cases cited. While this may be shown by circumstantial evidence, it is held that the circumstances shown must constitute substantial evidence and must pass beyond the pale of mere possibility or conjecture. Hesse v. Railway, 36 Mo.
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Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) There was not sufficient proof to go to the jury upon the essential fact that plaintiff’s horse was killed by collision with a railroad train. Foster v. Railway, 90 Mo. 116, and cases cited. While this may be shown by circumstantial evidence, it is held that the circumstances shown must constitute substantial evidence and must pass beyond the pale of mere possibility or conjecture. Hesse v. Railway, 36 Mo. App. 163; Perkins v. Railway, 103 Mo. 52, 59; Yeager v. Railway, 61 Mo. App. 594; Peffer v. Railway, 98 Mo. App. 292.…
1Opinion of the CourtJohnson, J.
Action to recover double damages under section 1105, Revised Statutes 1899, for injuries inflicted upon a horse and which resulted in its death. A verdict was returned for plaintiff in the sum of two hundred dollars, upon which judgment was entered for four hundred dollars. Defendant appealed.
Complaint is made of the action of the trial court in . refusing to instruct the jury to find for defendant. It is urged that under the facts disclosed by the evidence the inference that the injury to the horse resulted from a kick delivered by another horse is more reasonable than the conclusion…
2Cases cited16 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Smart v. Kansas CityMissouri Court of Appeals · 1902
- Perkins v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- State v. DettmerSupreme Court of Missouri · 1894
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3Cited by5 opinions
- Oyler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- McClanahan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- McCaskey v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1913
- Peery v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Montgomery v. Deering Southwestern Railway Co.Missouri Court of Appeals · 1917