McMillan v. Chicago, Milwaukee & St. Paul Railway Co.
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Refused instructions numbered 3 and 4 in the nature of a demurrer to the evidence should have been given. Laney v. B. B., 83 Mo. 466; Fitterling v. B’y, 79 Mo. 504; Bidenorev. B’y, 81 Mo. 227; Townsley v. B’y, 89 Mo. 31; Young v. B. B., 82 Mo. 427; Foster v. B. B., 44 Mo.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Refused instructions numbered 3 and 4 in the nature of a demurrer to the evidence should have been given. Laney v. B. B., 83 Mo. 466; Fitterling v. B’y, 79 Mo. 504; Bidenorev. B’y, 81 Mo. 227; Townsley v. B’y, 89 Mo. 31; Young v. B. B., 82 Mo. 427; Foster v. B. B., 44 Mo. App. 11; (Hardy v. B. B., 73 Mo. 576; Harrington v. B. B., 71 Mo. 384; Morris v. B. B., 79 ■Mo. 367; Ghubbock v. B. B., 77 Mo. 591, 593, 594. (2) There is no evidence of any defect in the gate or fastening, nor that after having knowledge of such…
1Opinion of the CourtSmith, P. J.
Statement. This is an action that was brought before a justice of the peace to recover damages for injury to stock. The statement contained two counts, the first of' which was bottomed on section 2611, Revised Statutes, and the other on sections 2612 and 2613, Revised Statutes.
It appears from the evidence that plaintiff’s stock were in a pasture which was inclosed on the north side by the defendant’s railroad fence. It also tends to show that the plaintiff’s stock escaped from said pasture through a farm-crossing gate and from thence they entered upon the defendant’s track where they were…
2Cases cited2 opinions
- Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Meade v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1896
3Cited by2 opinions
- Rowen v. Chicago Great Western Railway Co.Supreme Court of Missouri · 1906
- Smith v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1908