Grant v. Hannibal & St. Joseph Railway Co.
Missouri Court of Appeals
Appeal from Clinton Circuit Court, Hon. Christopher T. Garner, Special Judge. The case is stated in the opinion, I. The court erred in giving the instructions prayed, by the plaintiff. Young v. Railroad, 79 Mo. 336; Welch v. Railroad, 20 Mo. App. 477. It is not proved, that, at any time after the engineer could see the cow, she was moving towards the track. But it is proved that she first went upon the track directly in front of, and only a few feet distant from the engine.
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Appeal from Clinton Circuit Court, Hon. Christopher T. Garner, Special Judge. The case is stated in the opinion, I. The court erred in giving the instructions prayed, by the plaintiff. Young v. Railroad, 79 Mo. 336; Welch v. Railroad, 20 Mo. App. 477. It is not proved, that, at any time after the engineer could see the cow, she was moving towards the track. But it is proved that she first went upon the track directly in front of, and only a few feet distant from the engine. The negligence, then, if any, was after the cow came upon the track, and not when the engineer, “by the exercise of…
1Opinion of the CourtPhilips, P. J.
This is an action to recover damages against the defendant railroad company, for killing a cow. The accident occurred inside the corporate limits of the town of Lathrop, not at any street crossing, and about one thousand feet from the depot. The negligence imputed is at common law, in negligently and carelessly running and managing the train of cars.
The evidence tended tc show that the cow, as the train approached the city limits, was not on the track, but was standing a little distance from it. At what precise time, relative to the approach of the train, she moved on to the track in front of…
2Cases cited12 opinions
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- McGinnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- St. Louis & Southeastern Railway Co. v. BritzIllinois Supreme Court · 1874
- Judd v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
- Remmler v. ShenuitMissouri Court of Appeals · 1884
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3Cited by6 opinions
- Chicago, Burlington & Quincy Railroad v. ChurchSupreme Court of Colorado · 1911
- Wasson v. McCookMissouri Court of Appeals · 1899
- Senate v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1890
- Deitderick v. Missouri Iron & Metal Co.Missouri Court of Appeals · 1928
- Georgia Railway & Electric Co. v. BlacknallSupreme Court of Georgia · 1905
1 more not listed; retrieve them via the Exa API.