Engle v. Ferrell
Missouri Court of Appeals
Appeal from Worth Circuit Court. — Hon. William O. Ellison, Judge. (1) The court erred in excluding the evidence offered by plaintiff tending to prove his cause of action based on the breaehy known propensities of said bull. R. S. 1899, sec. 3852; Manley v. M'fg. Co., 103 Mo. App. 139; Johnson v. Kalin, 97 Mo. App. 628; Cunningham v. Dickerson, 104 Mo. App. 412;. Calmes v. Haight & Co., 85 Mo. App. 362; State ex rel. v. Delaney, 122 Mo.
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Appeal from Worth Circuit Court. — Hon. William O. Ellison, Judge. (1) The court erred in excluding the evidence offered by plaintiff tending to prove his cause of action based on the breaehy known propensities of said bull. R. S. 1899, sec. 3852; Manley v. M'fg. Co., 103 Mo. App. 139; Johnson v. Kalin, 97 Mo. App. 628; Cunningham v. Dickerson, 104 Mo. App. 412;. Calmes v. Haight & Co., 85 Mo. App. 362; State ex rel. v. Delaney, 122 Mo. App. 239, 99 S. AN. 1; Haseltine v. Smith, 154 Mo. 404; Broyhill v. Norton, 175 Mo. 202; Goldsmith v. Candy Co., 85 Mo. App. 600; Marshall v. Ferguson, 78 Mo.…
1Opinion of the CourtEllison, J.
This action is for damages alleged to have been suffered by defendant by reason of the trespass of defendant’s bull upon plaintiff’s premises and getting with calf three of the latter’s thoroughbred cows. The judgment in the trial court was for the plaintiff. It appears that plaintiff and defendant are the owners of adjoining pastures separated by a partition fence and that plaintiff pastured cows on his side while defendant pastured the bull on his side.
The action was begun before a justice of the peace and was appealed to the circuit court. In that court plaintiff filed an amended statement…
2Cases cited4 opinions
- Harless v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1907
- Gregory v. WabashMissouri Court of Appeals · 1886
- Evans v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1896
- Brennan v. McMenamyMissouri Court of Appeals · 1899
3Cited by5 opinions
- Wilson v. Motors Insurance CorporationMissouri Court of Appeals · 1961
- Garrard v. State Department of Public Health & WelfareMissouri Court of Appeals · 1964
- City of Rolla v. RidenMissouri Court of Appeals · 1961
- McMahon v. Charles Schulze, Inc.Missouri Court of Appeals · 1972
- Garrard v. State Department of Public Health & WelfareMissouri Court of Appeals · 1964