Smith v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pulaski Circuit Court. — Eon. L. B. Woodr side, Judge. (1) The court erred in refusing to give instruction No. 2 asked by defendant, which was as follows: The court instructs the jury that the road crossing testified to by the witnesses was in contemplation of law a public crossing, and the defendant was not required to fence its road at that point. Walton v. Railroad, 67 Mo. 56; Luckie v. Railroad, 76 Mo. 639; Brown v. Railroad, 20 Mo.
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Appeal from Pulaski Circuit Court. — Eon. L. B. Woodr side, Judge. (1) The court erred in refusing to give instruction No. 2 asked by defendant, which was as follows: The court instructs the jury that the road crossing testified to by the witnesses was in contemplation of law a public crossing, and the defendant was not required to fence its road at that point. Walton v. Railroad, 67 Mo. 56; Luckie v. Railroad, 76 Mo. 639; Brown v. Railroad, 20 Mo. App. 427; Jackson v. Railroad, 66 M'o. App. 506; Russell v. Railroad,’70 Mo. App. 88. (2) The court erred in refusing to give defendant’s…
1Opinion of the CourtGoode, J.
Plaintiff sued for double damages for a steer killed by a locomotive. Some of the evidence indicates that the animal was struck by the locomotive on the crossing where a highway intersected the railroad and tossed on the right of way beyond the cattle-guard, which was defective. In view of these two possibilities the court rightly refused to direct a verdict for defendant. It was not entitled to this direction even *17if the crossing was a public one, as it contends, the evidence not showing with certainty that the collision was on the crossing. The court left it to the jury to decide whether or…
2Cases cited4 opinions
- Walton v. St. Louis, Iron Mountain & Southern Rwy. Co.Supreme Court of Missouri · 1877
- Brown v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Jackson v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1896
- Russell v. Receivers of Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1897
3Cited by1 opinion
- Winters v. HinesMissouri Court of Appeals · 1921