Holman v. Chicago, Rock IsLand & Pacific Railroad
Supreme Court of Missouri
Appeal from Clinton Circuit Court. I. The fact, that defendant’s employee failed to ring the bell or sound the whistle on the train that killed'plaintiff’s cow, is not of itself sufficient to make the company liable. (Wagn. Stat., 310, § 38 ; Stoneman vs. A. & P. R. R. Co., 58 Mo., 503; Karle vs. Kansas City, St. Jo. & C. B. R. R., 55 Mo., 483 ; Ills. Cent.
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Appeal from Clinton Circuit Court. I. The fact, that defendant’s employee failed to ring the bell or sound the whistle on the train that killed'plaintiff’s cow, is not of itself sufficient to make the company liable. (Wagn. Stat., 310, § 38 ; Stoneman vs. A. & P. R. R. Co., 58 Mo., 503; Karle vs. Kansas City, St. Jo. & C. B. R. R., 55 Mo., 483 ; Ills. Cent. R. R. Co. vs. Phelps, 29 III., 447; C., B. & Q. R. R. Co., vs. McKean, 40 111., 218; Rockford, etc., R. R. Co. vs. Linn, 67 111., 109; Ok. & A. R. R. Co. vs. Henderson, 66 111., 494.) I. When negligence is clearly shown, and an injury has…
1Opinion of the CourtHough, Judge
This was an action to recover damages for the killing of a cow, belonging to the plaintiff, by a train on defendant’s railroad in a street of the town of Cameron.
The evidence given at the trial is stated in the bill of exceptions in the following language: “ The plaintiff, to maintain the issues on his part, introduced evidence tending to show, that the bell was not rung, nor the whistle sounded on the train mentioned in his statement, as it approached and ran over the cow in controversy; that the cow was killed on defendant’s railroad on a public traveled street of the town of Cameron, in…
2Cases cited3 opinions
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Stoneman v. Atlantic & Pacific R. R.Supreme Court of Missouri · 1875
- Howenstein v. Pacific R. R.Supreme Court of Missouri · 1874
3Cited by25 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Van Bibber v. Swift & Co.Supreme Court of Missouri · 1921
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Keim v. Union Railway & Transit Co.Supreme Court of Missouri · 1886
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