Hillman v. Grays Point Terminal Railway Co.
Missouri Court of Appeals
Appeal from Scott Circuit Court. — How. Henry C. Riley, Judge. (1) A simple inspection of the plat of the railroad yards and grounds shows the absurdity of the position that these yards. might lawfully be fenced. And when the plat was conceded to be correct and that the animal was killed in these yards, the court should then and there have given defendant’s peremptory direction to the jury to find the issues for the defendant.
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Appeal from Scott Circuit Court. — How. Henry C. Riley, Judge. (1) A simple inspection of the plat of the railroad yards and grounds shows the absurdity of the position that these yards. might lawfully be fenced. And when the plat was conceded to be correct and that the animal was killed in these yards, the court should then and there have given defendant’s peremptory direction to the jury to find the issues for the defendant. (2) Por a-still greater reason should the peremptory instruction asked by defendant at the close of all the evidence have been given. (3) The jury found that the…
1Opinion of the CourtReyburn, J.
This is a suit commenced before a justice of the peace in Scott county, to recover damages for the value of a bull killed by defendant in the operation of its railroad. On appeal to the circuit court a trial was had before a jury, which rendered a verdict for plaintiff, and defendant has. appealed to this court. The statement set forth that on the 16th of June, 1900, defendant was operating a railroad in Kelso township, Scott county; that on that day a Jersey bull owned by plaintiff, valued at $65, was run over and killed by the engine and cars of defendant; that the place at which the bull…
2Cases cited11 opinions
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- O'Malley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
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3Cited by2 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Bloomfield v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908