Roberts v. Wabash Railroad
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. Alese. H. Waller, Judge. (1) There was no evidence to show that there was a failure to ring the bell; hence the demurrer to the evidence should have been sustained. Cathcart v. Railway, 19 Mo. App. 118; Summerville v. Railway, 29 Mo. App. 50. (2) The evidence in this case shows affirmatively and conclusively that the failure to ring the bell was not the cause of the injury to plaintiffs mare.
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Appeal from Boone Circuit Court. — Hon. Alese. H. Waller, Judge. (1) There was no evidence to show that there was a failure to ring the bell; hence the demurrer to the evidence should have been sustained. Cathcart v. Railway, 19 Mo. App. 118; Summerville v. Railway, 29 Mo. App. 50. (2) The evidence in this case shows affirmatively and conclusively that the failure to ring the bell was not the cause of the injury to plaintiffs mare. Plaintiffs witness, King, testified that she slipped the bridle and started to cross defendant’s track after the whistle had been sounded, that he did all that he…
1Opinion of the CourtBroad Dus, P. J.
— This suit was begun before a justice' of the peace to recover sixty dollars damages for the killing of plaintiff’s .mare and four dollars for the destruction of the harness the mare had on at the time she was killed.
The plaintiff drove his mare in a buggy from the country to the town of Sturgeon on September 2, 1903. He unhitched the animal from his vehicle and tied her, with the harness on, to a post about one hundred yards distant from defendant’s track. By some means she managed to get loose and started over defendant’s track at a public crossing in the town. While on the crossing, or…
2Cases cited4 opinions
- Alexander v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1882
- Milligan v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1899
- Young v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1897
- Lockhart v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1901
3Cited by1 opinion
- Ruenzi, Admr. v. PayneMissouri Court of Appeals · 1921