Perkins v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Bollinger Circuit Court. — How. James D. Fox, Judge. (1) First. The burden was on plaintiff of bringing his case clearly within the provisions of the statute, and to make out a prima facie case of recovery. Reynolds v. Railroad, 85 Mo. 90; City v. Arnot, 94 Mo. 275. Second.
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Appeal from Bollinger Circuit Court. — How. James D. Fox, Judge. (1) First. The burden was on plaintiff of bringing his case clearly within the provisions of the statute, and to make out a prima facie case of recovery. Reynolds v. Railroad, 85 Mo. 90; City v. Arnot, 94 Mo. 275. Second. The cow having been found on the outside of the railroad right of way, and it not appearing that she had been run or frightened by a passing train, or that she ran against defendant’s fence, the demurrer to the evidence should have been sustained. Third. The cow having been found fastened in the fence on the…
1Opinion of the CourtBlack, J.
This action was commenced before a justice of the peace. It is alleged in the statement that defendant negligently permitted a gap to remain open *55in its fence along its right of way ; that plaintiff’s cow strayed through the gap onto the right of way, and being frightened by a locomotive and train of cars ran against a wire fence and was injured and died.
On trial anew in the circuit court the plaintiff recovered judgment for $25, and the court taxed as costs an attorney’s fee of $15 in favor of plaintiff and against the defendant. The action is based upon the act of March 31, 1885, the first…
2Cases cited8 opinions
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Wilder v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1888
- Peoria, Decatur & Evansville Railway Co. v. DugganIllinois Supreme Court · 1884
- Spealman v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Davidson v. JenningsSupreme Court of Colorado · 1900
- Lancashire Insurance v. BushNebraska Supreme Court · 1900
- Wortman v. KleinschmidtMontana Supreme Court · 1892
- Hecker v. Illinois Central RailroadIllinois Supreme Court · 1907
- Thompson v. Wise Boy Mining & Milling Co.Idaho Supreme Court · 1903
23 more not listed; retrieve them via the Exa API.