Hoffman v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. Noah M. Gtvan, Judge. Statement of case by the court. This action was for the recovery of damages on account of the negligent killing by defendant of the plaintiff’s horse. The charge of negligence was, that “the agents, servants and employes of defendant * * 'x' could have and did for a long distance see said colt upon defendant’s track, and could have stopped the train in time to have avoided injuring said colt.”
Read the full summary
Appeal from Johnson Circuit Court, Hon. Noah M. Gtvan, Judge. Statement of case by the court. This action was for the recovery of damages on account of the negligent killing by defendant of the plaintiff’s horse. The charge of negligence was, that “the agents, servants and employes of defendant * * 'x' could have and did for a long distance see said colt upon defendant’s track, and could have stopped the train in time to have avoided injuring said colt.” The plaintiff’s horse was permitted, not knowingly or intentionally, by strangers to escape from the pasture in which it was on to the…
1Opinion of the CourtHall, J.
The horse got upon the defendant’s railroad track through no fault of defendant, and got upon the railroad track at a point where the defendant was not required to anticipate the presence of live stock. We understand it to be the settled law of this state that in such a case the railroad company’s liability is confined to a failure on the part of its servants to use ordinary care to avoid the injury after having discovered the peril in which the animal was. Wallace v. Railroad, 74 Mo. 594; Young v. Railroad, 79 Mo. 336; Sloop v. Railroad, 22 Mo. App. 593; Milburn v. Railroad, 21 Mo. App. 426;…
2Cases cited4 opinions
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Milburn v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1886
- Sloop v. Saint Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1886
3Cited by10 opinions
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Hill v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Nicol v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1912
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1889
- Averill v. Santa Fe ReceiversMissouri Court of Appeals · 1897
5 more not listed; retrieve them via the Exa API.