Field v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. The demurrer to the evidence should have been sustained. The court did not err in overruling defendant’s demurrer to the evidence. Wilson v. Board of Ed. 63 Mo. 137; Brinlc v. Railroad, 17 Mo. App. 177 ; Fisher v. Railroad, 23 Mo. App. 291; Noeninger v. Vogt, 88 Mo. 589 ; Buesohing v. Gaslight Co., 73 Mo. 219; Feurt v. Brown, 23 Mo.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. The demurrer to the evidence should have been sustained. The court did not err in overruling defendant’s demurrer to the evidence. Wilson v. Board of Ed. 63 Mo. 137; Brinlc v. Railroad, 17 Mo. App. 177 ; Fisher v. Railroad, 23 Mo. App. 291; Noeninger v. Vogt, 88 Mo. 589 ; Buesohing v. Gaslight Co., 73 Mo. 219; Feurt v. Brown, 23 Mo. App. 332 ; Baum v. Fryrear, 85 Mo. 151; Groll v. Tower, 85 Mo. 249 ; 8age v. Reeves, 17 Mo. App. 210 ; Williamson v. Fisher, 50 Mo. 198; Moody v. Heuteh, 85 Mo. 237; Covey v. Railroad, 86 Mo. 635.
1Opinion of the CourtSmith, P. J.
This was an action begun before a justice of the peace, under section 2611, Revised Statutes, for the recovery of damages for the killing of a cow and calf. The plaintiff had judgment, and defendant appealed.
The defendant contends that the demurrer, interposed by it to the evidence, should have been sustained for the reason that there was no evidence whatever of either of the following facts: First. That defendant owned or operated the railroad by the side of which plaintiff’s cow and heifer were found dead. Second. That the defendant ever run a single locomotive or train of cars over said…
2Cases cited3 opinions
- Fickle v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Walthers v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Walther v. Pacific R. R.Supreme Court of Missouri · 1874
3Cited by1 opinion
- Moore v. St. Louis Transit Co.Missouri Court of Appeals · 1902