Legal Opinion

Igo v. Chicago & Alton Railroad

Missouri Court of Appeals

Decided December 17, 1889PublishedCited by 1 opinion

Appeal from the Pilce Circuit Court. — Hon. E. M. Hughes, Judge. (1) The burden was on plaintiff to establish by evidence the negligence charged. Randle v. Railroad, 65 Mo. 325; Fitch v. Railroad, 45 Mo. 322; Stepp v. Railroad, 85 Mo. 231. ’ (2) No rate of speed of the train, at the place of the accident, was negligence per se. Powell v. Railroad, 76 Mo. 80; Lord v. Railroad, 82 Mo. 142; Wallace v. Railroad, 74 Mo. 594; Main v. Railroad, 18 Mo.

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Appeal from the Pilce Circuit Court. — Hon. E. M. Hughes, Judge. (1) The burden was on plaintiff to establish by evidence the negligence charged. Randle v. Railroad, 65 Mo. 325; Fitch v. Railroad, 45 Mo. 322; Stepp v. Railroad, 85 Mo. 231. ’ (2) No rate of speed of the train, at the place of the accident, was negligence per se. Powell v. Railroad, 76 Mo. 80; Lord v. Railroad, 82 Mo. 142; Wallace v. Railroad, 74 Mo. 594; Main v. Railroad, 18 Mo. App. 388. (3) There was no proof that after the cow started across the track the train could have been stopped. Young n. Railroad, 79 Mo. 336; Welch…

1Opinion of the Court

Thompson, J.,

• delivered the opinion of the court.

This was a common-law action for damages for negligence in killing the plaintiff ’ s cow. The action was commenced before a justice of the peace, and, on trial anew in the circuit court before a jury, the plaintiff had a verdict and judgment in the sum of thirty-five dollars, from which the defendant prosecutes this appeal.

*379The evidence tended to show that a passenger train of the defendant was approaching a public crossing at a speed variously stated as the ordinary speed of the train, which would be thirty-six miles an hour, according to the…

2Cases cited5 opinions

  1. Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
  2. Kelly v. Union Railway & Transit Co.Supreme Court of Missouri · 1888
  3. Gourley v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1889
  4. Kendig v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
  5. White v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1886

3Cited by1 opinion

  1. Alford v. Kanawha & West Virginia Railroad Co.West Virginia Supreme Court · 1919

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