Summerville v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Daviess Circuit Court, Hon. Chas. H. S. Goodman, Judge. Tlie case is stated in the opinion. I. The court erred in refusing to direct the jury to find for the defendant. The petition does not state facts sufficient to constitute a cause of action. Rev. Stat. sec. 809; Laws of Mo. 1881, p. 79; Evans v. Railroad, 62 Mo. 57; White v. Qhaney, 20 Mo. App. 397. And the evidence fails to sustain some of the averments in the complaint.
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Appeal from Daviess Circuit Court, Hon. Chas. H. S. Goodman, Judge. Tlie case is stated in the opinion. I. The court erred in refusing to direct the jury to find for the defendant. The petition does not state facts sufficient to constitute a cause of action. Rev. Stat. sec. 809; Laws of Mo. 1881, p. 79; Evans v. Railroad, 62 Mo. 57; White v. Qhaney, 20 Mo. App. 397. And the evidence fails to sustain some of the averments in the complaint. Nooninger v. Vogt, 88 Mo. 593; Erinlc v. Railroad, 75 Mo. 601; Buesching case, 73 Mo. 219 ; Kelley v. Railroad, 70 Mo. 608 ; Qathcart v. Railroad, 19 Mo.…
1Opinion of the CourtEllison, J.
This action was instituted under section 809, Revised Statutes, as amended by acts of 1881, for killing plaintiff ’ s cattle at a public crossing. The negligence charged is the failure to ring the bell or to sound the whistle, in the manner required by the statute. Under the rulings of our Supreme Court the onus is on plaintiff to prove that both these acts were neglected; if either is performed it is sufficient. The evidence that the bell was not rung is altogether of a negative charac*52ter. No witness was closer to the train than one hundred rods, more than a quarter of a mile. None of them…
2Cases cited1 opinion
- Cathcart v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1885
3Cited by5 opinions
- Butler v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- State ex rel. C. S. Essex v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1897
- Bennett v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- McCormick v. Kansas CityMissouri Court of Appeals · 1892
- Lockhart v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1901