Morrison v. Kansas City, St. Joseph & Council Bluffs Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Tke case and. facts are stated in the opinion of the court. I. The court erred in striking the plea of contributory negligence out of the answer. The defendant’s liability was for “double the amount of all damages occasioned by its failure; ” not for double the amount of all damages occasioned by combined negligence of plaintiff and defendant.
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Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Tke case and. facts are stated in the opinion of the court. I. The court erred in striking the plea of contributory negligence out of the answer. The defendant’s liability was for “double the amount of all damages occasioned by its failure; ” not for double the amount of all damages occasioned by combined negligence of plaintiff and defendant. Section 809, Revised Statutes; Curry v. Railroad, 43 Wis. 665; Field v. Railroad, 8 Am. & Eng. Ry. Cases, 425; s. o. 14 Eed. Rep. 332; MiTburn v. Railroad, 86 Mo. 104; Pilzner v. Schenmek,…
1Opinion of the CourtPhilips, P. J.
This is an action to recover damages, under the double-damage act, for the killing of plaintiff’s horse by one of defendant’s trains of cars. The imputed act of negligence was the failure of defendant to keep a certain gate, placed by it as a private opening on plaintiff’s farm, in repair, and for carelessly and negligently suffering the same to be “left out of repair and open.”
The evidence was that the plaintiff lived about one mile and a half west of Harlem station, in Clay county. Defendant’s railroad runs through plaintiff’s farm. Near the farmhouse defendant had erected a gate for a…
2Cases cited7 opinions
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
- Binicker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Boggs v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- Meade v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1896
- Woods v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1892
- Miller v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1894
- Peery v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
3 more not listed; retrieve them via the Exa API.