Perse v. Atchison, Topeka & Santa Fe Railroad
Missouri Court of Appeals
Appeal from the IAnn Circuit Court. — Hon. W. H. Brownlee, Special Judge. (1) We most earnestly submit that when the unimpeached and uncontradieted testimony of the only eye-witnesses to an occurrence constitutes a perfect defense to an action, it is the duty of the court to set aside a verdict against such testimony, and founded merely upon conjectures and inferences. Pearson v. Railroad, 32 Mo. App. 543; Jennings v. Railroad, 37 Mo.
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Appeal from the IAnn Circuit Court. — Hon. W. H. Brownlee, Special Judge. (1) We most earnestly submit that when the unimpeached and uncontradieted testimony of the only eye-witnesses to an occurrence constitutes a perfect defense to an action, it is the duty of the court to set aside a verdict against such testimony, and founded merely upon conjectures and inferences. Pearson v. Railroad, 32 Mo. App. 543; Jennings v. Railroad, 37 Mo. App. 651; Garrett v. Greemoell, 92 Mo. 121; Moore v. Railroad, 28 Mo. App. 622. In the latter case the just and reasonable rule is laid down that a verdict…
1Opinion of the CourtEllison, J.
This action is based on common-law negligence of the defendant in running upon and killing plaintiff’s horses. The result of the trial was a verdict for plaintiff. The defendant’s road was properly fenced, and, the animals having escaped onto the track through a gate left open by one of plaintiff’s neighbors, defendant was in no way to blame for the accident, unless after seeing the animals upon the track its servants could, by reasonable exertion having regard to the safety’ of the train, have stopped before overtaking them.
Defendant’s servants were under no obligation or duty to look out…
2Cases cited1 opinion
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1892
3Cited by1 opinion
- Jasper v. McNeleyMissouri Court of Appeals · 1894