Killian v. Chicago, Milwaukee & St. Paul Railway Co.
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The defendant was guilty of negligence, which caused the injury to plaintiff. Kennayde v. Railroad, 45 Mo. 262; Bauer v. Railroad, 69 Mo. 223; Huckshold v. Railroad, 90 Mo. 548; Baker v. Railroad, 147 Mo. 140; Ernst v. Railroad, 90 Am. Dec. 761; Beopple v. Railroad, 58 S. W. Rep. 231. (2) The question of negligence was for the jury.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The defendant was guilty of negligence, which caused the injury to plaintiff. Kennayde v. Railroad, 45 Mo. 262; Bauer v. Railroad, 69 Mo. 223; Huckshold v. Railroad, 90 Mo. 548; Baker v. Railroad, 147 Mo. 140; Ernst v. Railroad, 90 Am. Dec. 761; Beopple v. Railroad, 58 S. W. Rep. 231. (2) The question of negligence was for the jury. Bauer v. Railroad, 69 Mo. 219; Petty v. Railroad, 88 Mo. 315; Davis v. Railroad, 46 Mo. App. 180; Hodges v. Railroad, 71 Mo. 50; Baker v. Railroad, 122 Mo. 533; Masterson v. Railroad, 49…
1Opinion of the CourtEllison, J.
The plaintiff’s horse attached to a small wagon became frightened at the noise of escaping steam from one of defendant’s engines and ran away, throwing plaintiff to the ground and inflicting personal injury, for which he brought this action and failed in the circuit court, that court sustaining defendant’s demurrer to the evidence.
It appears that defendant’s tracks (five in number running north and south, four being switch tracks) cross Third street in the city of Ohillicothe. That plaintiff was driving east along Third street and that in approaching the tracks for a considerable distance he…
2Cases cited9 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Stepp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
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3Cited by5 opinions
- Fechley v. Springfield Traction Co.Missouri Court of Appeals · 1906
- Herbert v. Wiggins Ferry Co.Missouri Court of Appeals · 1904
- Fry v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Fanning v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- O'Connell v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910