Gourley v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the Laclede Circuit Court. — Hon. W. J. Wallace, Judge. The court erred in overruling the demurrer to the evidence offered at the close of plaintiff’s case and of the whole case.
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Appeal from the Laclede Circuit Court. — Hon. W. J. Wallace, Judge. The court erred in overruling the demurrer to the evidence offered at the close of plaintiff’s case and of the whole case. Where an accident occurs upon the private grounds of the railroad company there is no liability on the part of the company unless there be clear and unqualified proof that the servants of the company negligently failed to exercise reasonable care to avoid the accident after they had in fact become aware of the exposed and dangerous position of the animal, and further that they then had the time and…
1Opinion of the CourtBiggs, J.
This is a common-law action for damages growing out of the alleged negligence of defendant’s servants in the running and operating of its trains. Plaintiff alleges that on the sixth day of April, 1886, he was the owner of two cows, of the value of forty-five dollars each, and that the defendant’s servants, on that day, in Laclede county, Missouri, negligently ran one of defendant’s freight trains over said cows, killing one and crippling the other, and that by reason of this, plaintiff was damaged in the sum of seventy dollars. The case originated before a justice of the peace, where on a…
2Cases cited6 opinions
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- McPheeters v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Robertson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Eckert v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1883
- Pryor v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bebout v. KurnSupreme Court of Missouri · 1941
- Smith v. Missouri Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1893
- Alford v. Kanawha & West Virginia Railroad Co.West Virginia Supreme Court · 1919
- Mammerberg v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1895
- Homan v. HellmanNebraska Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.