Mayfield v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from, Laclede Circuit Court. — Hon. Ben. V. Alton, Judge. (1) There was positively no evidence to support the finding of the court in this case. No witness knew or even ventured an opinion as to how, when or where the animal was killed. It was found a quarter of a mile distant from the track and bore no marks indicative of a collision with the rolling stock of a railroad.
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Appeal from, Laclede Circuit Court. — Hon. Ben. V. Alton, Judge. (1) There was positively no evidence to support the finding of the court in this case. No witness knew or even ventured an opinion as to how, when or where the animal was killed. It was found a quarter of a mile distant from the track and bore no marks indicative of a collision with the rolling stock of a railroad. The court, therefore, erred (a) in overruling defendant’s demurrer to the evidence; (5) in refusing defendant’s declaration of law, and (c) in finding for the plaintiff. Railroad v. Seeley, 24 Kan. 266. (2) The action…
1Opinion of the CourtBlack, J.
This was a suit for damages under section 809, Revised Statutes, 1879, for killing a heifer. The suit was commenced in a justice’s court, and on appeal to the circuit court was tried by the court without a jury.
It is first insisted that the court erred in overruling the objection to the introduction of any evidence. This objection was made on the ground that the complaint failed to state that the heifer did not get on the track and was not killed at the crossing of a highway. The complaint does state that at the place where said cow came upon the railroad and was killed the road passed…
2Cases cited3 opinions
- Gee v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Williams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Wade v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
3Cited by2 opinions
- Harned v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Midland Valley R. Co. v. HardestySupreme Court of Oklahoma · 1913