Vanderworker v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Gasconade Circuit Court. —Hon. Rudolpi-i Hiezel, Judge. (1) Plaintiff’s evidence showed that the cow in -question was killed inside the platted limits of Gasconade, a town regularly laid out and platted, with streets and alleys dedicated to public use, and these same facts were shown by the defendant’s evidence, and stand as the admitted and undisputed evidence in the case. Under these facts defendant was not liable, except upon proof of actual negligence.
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Appeal from the Gasconade Circuit Court. —Hon. Rudolpi-i Hiezel, Judge. (1) Plaintiff’s evidence showed that the cow in -question was killed inside the platted limits of Gasconade, a town regularly laid out and platted, with streets and alleys dedicated to public use, and these same facts were shown by the defendant’s evidence, and stand as the admitted and undisputed evidence in the case. Under these facts defendant was not liable, except upon proof of actual negligence. Garren v. Railroad, 60 Mo. 405; E lliott v. Railroad, 66 Mo. 683 ; Farrell v. Railroad, 77 Mo. 476-7; Farrell v. Railroad,…
1Opinion of the CourtEllison, J.
Plaintiff sued under section 4428, Revised Statutes, 1889, for the loss of his cow, which was killed by defendant’s cars within the limits of the town of Gasconade. He recovered below, and defendant brings the case here. The town was not incorporated, but was regularly platted with streets and alleys, which were dedicated to the public. The. streets, as laid out, crossed the railroad track, but it appears, the only one which was actually opened and in use across the track was several hundred yards from where the animal was killed.
Prom plaintiff’s first instruction it appears the view was…
2Cases cited4 opinions
- Gerren v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1875
- Wymore v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Ells v. Pacific RailroadSupreme Court of Missouri · 1871
- Elliott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1877
3Cited by2 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Vanderworker v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892