Finley v. St. Louis Southwestern Railway Co.
Missouri Court of Appeals
Appeal from the Mississippi Circuit Court. — Hon. Henry C. Riley, Judge. The only negligence charged is a failure to ring the bell or sound the whistle on approaching the Edwards crossing; recovery must be had upon this, ground, if at all. .Gurley v. B. B., 93 Mo. 445; Capital Bank v. Armstrong, 62 Mo. 59; Buffington v. B. B., 72 Mo. 34; R. S. 1889, sec. 2608. This suitisbrought for single damages for killing stock on a public crossing.
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Appeal from the Mississippi Circuit Court. — Hon. Henry C. Riley, Judge. The only negligence charged is a failure to ring the bell or sound the whistle on approaching the Edwards crossing; recovery must be had upon this, ground, if at all. .Gurley v. B. B., 93 Mo. 445; Capital Bank v. Armstrong, 62 Mo. 59; Buffington v. B. B., 72 Mo. 34; R. S. 1889, sec. 2608. This suitisbrought for single damages for killing stock on a public crossing. Damages can only be recovered in such cases where the failure to ring the bell or sound the whistle would have prevented the accident. Sec. 2608, supra; Gilts…
1Opinion of the CourtBlaND, P. J.
This suit was begun before a justice of the peace on the following complaint:
“Plaintiff states that defendant is a corporation organized under the laws of Missouri, and is now engaged in operating a railroad through Ohio and St. John townships in Mississippi county, Missouri.
“That heretofore, to wit, on or about the 8th day of August, 1896, in St. John township, Mississippi county, Missouri, and in an adjoining township to Tywappity township, in which the suit is . brought, defendant, by means of his engines and cars operated by its agents and employees, carelessly and negligently ran said…
2Cases cited9 opinions
- O'Connell v. St. Louis Cable & Western Railway Co.Supreme Court of Missouri · 1891
- Henry v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Bray v. KrempSupreme Court of Missouri · 1893
- Barr v. BakerSupreme Court of Missouri · 1846
- Dean v. ChandlerMissouri Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Huth v. DohleMissouri Court of Appeals · 1898