Garner v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Marion Circuit Court. The facts are sufficiently stated in the opinion. The following instructions prayed by defendant were refused : 1. If the jury believe from the evidence that the stock sued for in this case was not in Harmon Hollyman’s enclosed field at the time said stock was struck and killed, as alleged in plaintiff’s petition, they will find for the defendant. 2. The jury are instructed that the defendant is not required to fence on each side of its…
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Appeal from Marion Circuit Court. The facts are sufficiently stated in the opinion. The following instructions prayed by defendant were refused : 1. If the jury believe from the evidence that the stock sued for in this case was not in Harmon Hollyman’s enclosed field at the time said stock was struck and killed, as alleged in plaintiff’s petition, they will find for the defendant. 2. The jury are instructed that the defendant is not required to fence on each side of its railroad where the same passes through an enclosed field. 3. The jury are instructed that the defendant is incorporated by…
1Opinion of the CourtDryden, Judge
The errors complained of in this case relate, 1st, to the refusal of the court below to arrest the judgment; 2d, to the instructions to the jury given by the court of its 'own motion; and 3d, to the refusal of instructions asked by the appellant.
1. As to the refusal of the court to arrest the judgment. The motion in arrest was based on the supposed insufficiency of the petition. The petition contains three counts, substantially alike, the first of which is as follows: ££ Plaintiff states that defendant is a body politic and corporate, under and by the laws of the State of Missouri, and duly…
2Cases cited1 opinion
- Crocker v. MannSupreme Court of Missouri · 1834
3Cited by6 opinions
- Dickson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- McPheeters v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Louisville & Nashville R. R. v. WolfeCourt of Appeals of Kentucky · 1882
- Omaha & Republican Valley Railway Co. v. WrightNebraska Supreme Court · 1896
- Hennekes v. BeetzMissouri Court of Appeals · 1920
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