Schoonover v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — IIon. Sterling H. McCarty, Judge. (1) If the court was right in overruling the demurrer to the evidence, it was certainly a question of fact whether or not Ogden was a station within the meaning of the law, and whether or not it could he fenced without endangering the life of the employees of defendant and without inconvenience to the public doing business with the company, and this question must be submitted under proper instructions.
Read the full summary
Appeal from Pemiscot Circuit Court. — IIon. Sterling H. McCarty, Judge. (1) If the court was right in overruling the demurrer to the evidence, it was certainly a question of fact whether or not Ogden was a station within the meaning of the law, and whether or not it could he fenced without endangering the life of the employees of defendant and without inconvenience to the public doing business with the company, and this question must be submitted under proper instructions. Instruction No. 3 never mentioned' these materal issues but directed a verdict under an erroneous theory without…
1Opinion of the CourtCox, P. J.
Action for double damages for killing a cow at a point on defendant’s road where it is alleged it was required to, but did not, fence. Verdict for plaintiff for $75 which was doubled by the court and judgment rendered for plaintiff for $150 and defendant has appealed.
The cow was killed near what is called Ogden. Appellant contends that Ogden was a station on its line of road and that the cow was struck at a point within the switch limits at that public station and for that reason, it is not liable under the double damage act. The evidence shows that there is no depot at Ogden and .no station…
2Cases cited5 opinions
- Duncan v. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1905
- Bridges v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1908
- Foster v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1905
- Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- Hay v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
3Cited by13 opinions
- Meyer v. Missouri Real Estate CommissionMissouri Court of Appeals · 1944
- Suspension of Operator's License of Levin v. CarpenterSupreme Court of Missouri · 1960
- Pearrow v. ThompsonSupreme Court of Missouri · 1938
- Reeves v. ThompsonSupreme Court of Missouri · 1948
- Thompson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
8 more not listed; retrieve them via the Exa API.