McCormick v. Kansas City
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court should have instructed the jury at the close of plaintiff’s evidence, as requested by the defendant, that they should find for the defendant. And, again, after all the evidence in the case was in, the court erred in again refusing to instruct the jury to find for the defendant.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court should have instructed the jury at the close of plaintiff’s evidence, as requested by the defendant, that they should find for the defendant. And, again, after all the evidence in the case was in, the court erred in again refusing to instruct the jury to find for the defendant. And so we contend that the alleged failure to give the signals was not the cause of the injury complained of, and the case should have been taken from the jury. The proviso with which the Statute concludes more than covers the defendant’s…
1Opinion of the CourtGill, J.
— One of the trains of the defendant, at a public road crossing, ran over and killed three colts belonging'to the plaintiff; and for the damage thus occasioned, the plaintiff instituted this suit, alleging that the cause of such killing was the failure of defendant’s servants to ring the bell or sound the whistle eighty rods from said crossing as required by section 2608, Revised Statutes, 1889. On a trial by jury in the circuit court plaintiff had a verdict’ and judgment for $150, and defendant appealed.
*112I. The main objections urged by defendant’s counsel, in effect, go to the sufficiency of…
2Cases cited3 opinions
- Cathcart v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1885
- Summerville v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
- Braddy v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1892
3Cited by5 opinions
- State ex rel. C. S. Essex v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1897
- Young v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1897
- Lockhart v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1901
- Weltch v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1915
- Hoover v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1897