Carlos v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Ho». Jas. E. Ha-sell, Judge. The verdict of a jury or the finding of a court, must have substantial evidence to support it, or it will be set aside. Alexander v. Railway, 37 Mo>. App. 609; Wight v. Railway, 20 Mo. App. 481; Brewery v. Prodeman, 12 Mo. App. 573; O ’Donnell v. Railway, 7 Mo. App. 190. (1) Plaintiff’s evidence made a prima facie case. The train was coming from the south.
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Appeal from Cooper Circuit Court. — Ho». Jas. E. Ha-sell, Judge. The verdict of a jury or the finding of a court, must have substantial evidence to support it, or it will be set aside. Alexander v. Railway, 37 Mo>. App. 609; Wight v. Railway, 20 Mo. App. 481; Brewery v. Prodeman, 12 Mo. App. 573; O ’Donnell v. Railway, 7 Mo. App. 190. (1) Plaintiff’s evidence made a prima facie case. The train was coming from the south. The horse was evidently frightened by the train and was- running north. This made a case for the trier of the facts. Jackson v. Eailway, 38 Mo. App. 170; Blewett v. Eailway,…
1Opinion of the CourtBroaddus, J.
The plaintiff recovered judgment in the circuit court for $85 for an injury to his horse. Defendant appealed. Plaintiff claimed that the horse went upon defendant’s right-of-way over a defective cattle guard at a point where defendant was required to fence; and that the horse being frightened by a passing locomotive and train, ran into a culvert on said right-of-way and broke his leg, rendering him valueless.
The defendant’s sole contention is that the finding and judgment are not supported by the evidence.
For the sake of convenience we adopt defendant’s statement of the. case: The plaintiff…
2Cited by2 opinions
- Hobbs v. St. Louis, M. & S. RailroadMissouri Court of Appeals · 1905
- White v. Sligo & Eastern RailroadMissouri Court of Appeals · 1914