Redmond v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Howard Circuit Court. — Row. John A. Eockaday, Judge. (1) The trial court’s second conclusion of law, it being the third paragraph of its special finding of law and fact, is illegal and erroneous. The court finds as a matter of law that it was the duty of the engineer operating the train that killed the mnles, to have used all effort and skill to have stopped the train and avoid striking and killing the mnles, after he saw them ahead of him on the track.
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Appeal from Howard Circuit Court. — Row. John A. Eockaday, Judge. (1) The trial court’s second conclusion of law, it being the third paragraph of its special finding of law and fact, is illegal and erroneous. The court finds as a matter of law that it was the duty of the engineer operating the train that killed the mnles, to have used all effort and skill to have stopped the train and avoid striking and killing the mnles, after he saw them ahead of him on the track. Spencer v. Railway, 90 Mo. App. 91; Hill v. Railway, 49 Mo. App. 534; Hill v. Railway, 121 Mo. 477; Buckman v. Railway, 83 Mo.…
1Opinion of the CourtBroaddus, J.
The plaintiff sues for damages for the killing of two of his mules by defendant, the petition being in three counts. The first alleges that the animals came upon defendant’s track and were killed at a point, where defendant’s railroad was not fenced, as required by law. Plaintiff prays for single damages and for a reasonable attorney’s fee as provided by sections 1106-07, Revised Statutes, 1899. The second count is for double damages under section 1105, Revised Statutes 1899. And under the third count, plaintiff seeks to recover damages for the negligent killing of said animals by defendant.…
2Cases cited8 opinions
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Pearson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1889
- Jennings v. St. Joseph & St. Louis Railway Co.Missouri Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sowders v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Cantley v. American Surety Co.Missouri Court of Appeals · 1931
- Estate of Kellam v. MisnerMissouri Court of Appeals · 1932
- Creson v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1910
- Lesan Advertising Co. v. CastlemanMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.