King v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. (1) The court erred in refusing to instruct the jury to return a verdict for the defendant: First, because the evidence was insufficient to show that this animal escaped upon the track by reason of any defect, or insufficiency in the fence maintained by the railroad company; second, because there was no evidence that the animal was killed in Bloomington township.
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Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. (1) The court erred in refusing to instruct the jury to return a verdict for the defendant: First, because the evidence was insufficient to show that this animal escaped upon the track by reason of any defect, or insufficiency in the fence maintained by the railroad company; second, because there was no evidence that the animal was killed in Bloomington township. Rohland v. Railroad, 1 S. W. Rep. 147; Roberts v. Railroad, 2 S. W. Rep. 550; Ellis v. Railroad, 83 Mo. 372. (2) It was error to give the first instruction asked by the…
1Opinion of the Court
Ray, J. —
This action was commenced April 16,1879, before a justice of the peace in Bloomington township, Buchanan county, to recover double damages under the ■statute for killing or injuring two mules and one mare, the property of plaintiff. Plaintiff recovered judgment for double the value thereof before the justice and defendant appealed to the circuit court, where plaintiff filed an amended statement. The case was dismissed, as to the mules, and on a trial of the cause anew, in the ■circuit court, at the September term, 1880, plaintiff recovered a judgment for double the value of the mare,…
2Cases cited1 opinion
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
3Cited by8 opinions
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- Shaw v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Goodrich v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1899
- Severn v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Colyer v. Missouri Pacific RailroadMissouri Court of Appeals · 1902
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