Manuel v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Moberly Court of Common Pleas, Hon. Geo. H. Burckhartt, Judge. Tlie facts and case are stated in tlie opinion. I. Tlie instruction in tlie form of a demurrer to tlie evidence should have been given. There was no evidence to show that any available means used would have prevented the accident. So that the failure to ring the bell or sound the whistle, or slacken speed, could not have caused the injury.
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Appeal from Moberly Court of Common Pleas, Hon. Geo. H. Burckhartt, Judge. Tlie facts and case are stated in tlie opinion. I. Tlie instruction in tlie form of a demurrer to tlie evidence should have been given. There was no evidence to show that any available means used would have prevented the accident. So that the failure to ring the bell or sound the whistle, or slacken speed, could not have caused the injury. Holman r>. R. R., 62 Mo. 562; Wallace v. R. R., 74 Mo. 594; 1 Redfield on Railways, 490, note 14. II. There is no proof that the injury occurred in the township, and, therefore, the…
1Opinion of the CourtHall, J.
This is an action begun before a justice of the peace, in Sugar Creek township, Randolph county, to recover the value of a cow killed by defendant.
The statement alleg’ed that the cow was killed in the town of Moberly. Upon a trial de nono, in the Moberly court of common pleas, the evidence showed that she was killed in said town. The fact that the cow was killed in Sugar Creek township was neither alleged nor proved, unless the allegation and proof that she was killed in Moberly were sufficient allegation and proof of that fact.
The statement itself, or the transcript of the justice, must show…
2Cases cited1 opinion
- Creason v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
3Cited by1 opinion
- Nickerson v. EddyMissouri Court of Appeals · 1892