Welch v. Hannibal & St. Joseph Railway Co.
Missouri Court of Appeals
Appeal from Caldwell Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. This is an action for damages for the killing of the plaintiff’s cow, through the alleged-negligence of defendant’s servants and agents in running its “cars and locomotive. ’ ’ The evidence introduced by plaintiff tended to show that his cow was killed by one of defendant’s ■engines on the main track of its railroad within the switch limits of the town and station of Breckenridge…
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Appeal from Caldwell Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. This is an action for damages for the killing of the plaintiff’s cow, through the alleged-negligence of defendant’s servants and agents in running its “cars and locomotive. ’ ’ The evidence introduced by plaintiff tended to show that his cow was killed by one of defendant’s ■engines on the main track of its railroad within the switch limits of the town and station of Breckenridge ; that the cow went upon the track when the engine was from one hundred and twenty to three hundred feet away, and that…
1Opinion of the CourtHall, J.
The only question in this case, which we deem it necessary to determine, is the question as to the correctness of the instruction given by the court for the plaintiff, set out in the above statement.
That instruction was erroneous. It was too broad. It improperly extended the liability of the defendant. The defendant’s liability should have been confined, under the facts of this case, to a failure on the part of its servants to use ordinary care to avoid the injury after hav*481ing discovered the peril in which the plaintiff’s cow was. Young v. R. R. Co., 79 Mo. 341; Wallace, v. R. R. Co., 74 Mo.…
2Cases cited4 opinions
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Goetz v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Henschen v. O'BannonSupreme Court of Missouri · 1874
- State ex rel. Bindbeutel v. NauertMissouri Court of Appeals · 1876
3Cited by7 opinions
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Hill v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Herbert v. Mound City Boot & Shoe Co.Missouri Court of Appeals · 1901
- Grant v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1887
- Buckman v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1900
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