Oyler v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. P. 0. Stepp, Judge. (1) This is an action under penal statutes, and it is incumbent upon the plaintiff to prove by competent evidence the liability of the defendant for the injuries complained of. This can not be done by inference or conjecture. Smith v. Railway, 25 Mo. App. 113, 116; Ferris v. Railroad, 30 Mo.
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Appeal from Adair Circuit Court. — Hon. P. 0. Stepp, Judge. (1) This is an action under penal statutes, and it is incumbent upon the plaintiff to prove by competent evidence the liability of the defendant for the injuries complained of. This can not be done by inference or conjecture. Smith v. Railway, 25 Mo. App. 113, 116; Ferris v. Railroad, 30 Mo. App. 122, 124; Bartlett v. Railway, 68 Mo. 56. (2) The evidence in the case clearly shows that the plaintiff is not an owner or proprietor of the lands adjoining the railroad where the alleged injuries occurred, and he is, therefore, not entitled…
1Opinion of the CourtJohnson, J.
— This suit originated before a justice of the peace in Taylor township, Grundy county. The complaint is in three counts. In the first, double damages are sought under sectionll05, Revised Statutes 1899, for the loss of a mule killed by one of defendant’s trains. In the second, single damages are asked for injuries sustained by another mule in its efforts to escape the same train. The third count is founded-upon a cause of action assigned by Dr. H. W. Oyler to plaintiff based upon a claim for double damages for the killing of a horse by another of defendant’s trains. It is alleged the two…
2Cases cited9 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Hill v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Geiser v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1895
- Rinehart v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brubaker v. Kansas City Electric Light Co.Missouri Court of Appeals · 1908
- Bectenwald v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- McCaskey v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1913
- Agnew v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
- Freeman v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1912
7 more not listed; retrieve them via the Exa API.