Spencer v. Missouri Kansas & Texas Railway Co.
Court of Appeals of Kansas
Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The liability of defendant in this case is confined to a failure on the part of the engineer to use ordinary care to' avoid the injury, after having discovered the animal in peril. And the burden of proving want of such care rests on the plaintiff. Hoffman v. Railroad, 24 Mo. App. 546; Brooks v. Railroad, 27 Mo. App. 573; Jewett v. Railroad, 38 Mo. App. 48; s. c. 50 Mo.
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Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The liability of defendant in this case is confined to a failure on the part of the engineer to use ordinary care to' avoid the injury, after having discovered the animal in peril. And the burden of proving want of such care rests on the plaintiff. Hoffman v. Railroad, 24 Mo. App. 546; Brooks v. Railroad, 27 Mo. App. 573; Jewett v. Railroad, 38 Mo. App. 48; s. c. 50 Mo. App. 547; Wallace v. Railroad, 74 Mo. 594; Eitzgerald v.- Railroad, 18 Mo. App. 391; Brick Oo. v. Railroad, 21 Mo. App. 648; Buckman v. Railroad, 83 Mo. App.…
1Opinion of the CourtBroaddus, J.
This is an action to recover single damages for the value of plaintiff’s cow, killed at a station on defendant’s road in Boone county. The action is based upon the alleged negligence of the defendant’s agents in failing to ring the bell or sound the whistle when the train entered the limits of the station; and failure to stop the train when *94they saw or could have seen the cow, by the exercise of reasonable care, in time to have stopped the train and avoided the injury. The action was begun before a justice of the peace.
The evidence discloses a state of facts as follows: Sometime in the month…
2Cases cited4 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Dunkman v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1888
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Hill v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
3Cited by5 opinions
- Beall v. Chicago & Alton RailroadMissouri Court of Appeals · 1902
- Wilkinson v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1910
- Windle v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
- Phillips v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
- Atterberry v. Wabash Railway Co.Missouri Court of Appeals · 1904