Foster v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. J. D. Poster, Judge. (1) The testimony of all the witnesses, including plaintiff himself, was that the damage to the mule was sixty dollars and no more. The testimony on this point was unvarying and concurrent. And yet the verdict was for one hundred dollars. The verdict was in utter disregard of the evidence. There is no evidence to support it, and for this reason alone the case must be reversed.
Read the full summary
Appeal from Mississippi Circuit Court. — Hon. J. D. Poster, Judge. (1) The testimony of all the witnesses, including plaintiff himself, was that the damage to the mule was sixty dollars and no more. The testimony on this point was unvarying and concurrent. And yet the verdict was for one hundred dollars. The verdict was in utter disregard of the evidence. There is no evidence to support it, and for this reason alone the case must be reversed. Kendrick v. Railroad, 81 Mo. 521; Hacker v. Brown, 81 Mo. 68. (2) The plaintiff’s first instruction is palpably erroneous. Before the plaintiff could…
1Opinion of the Court
Henry, C. J. —
Plaintiff sued before a justice of the peace in Mississippi county for double damages for an injury to his mule, alleged to have been occasioned by the failure of defendant to fence its track at the point *118where the mule entered upon it. The following is the statement filed with the justice: “Plaintiff! states that defendant is a corporation organized and chartered under the laws of Missouri. And is now, and for a long time since has been, running and operating a railroad through Tywappity township, in Mississippi county, Missouri. Plaintiff further states that on or about the…
2Cases cited4 opinions
- Lafferty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Halferty v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Seibert v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1880
- Asher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
3Cited by11 opinions
- Fort Worth & Rio Grande Railway Co. v. SwanTexas Supreme Court · 1904
- Davis v. Central Vermont Railway Co.Supreme Court of Vermont · 1915
- Eaton v. Mississippi River & Bonne Terre Railway Co.Missouri Court of Appeals · 1919
- Missouri, K. & T. Ry. Co. of Texas v. OrrCourt of Appeals of Texas · 1925
- Eggleston v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1914
6 more not listed; retrieve them via the Exa API.