Buckman v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Monroe Circuit Court. — Hon. Reuben F. Roy, Judge. (1) The court erred in giving the third instruction, asked by the plaintiff. The third count was based on the theory that the train which struck the plaintiff’s mare was being carelessly run and operated by the defendant, its agents and employes. There was no evidence in the case which warranted the giving of this instruction, and nothing proved upon which to predicate a recovery.
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Appeal from the Monroe Circuit Court. — Hon. Reuben F. Roy, Judge. (1) The court erred in giving the third instruction, asked by the plaintiff. The third count was based on the theory that the train which struck the plaintiff’s mare was being carelessly run and operated by the defendant, its agents and employes. There was no evidence in the case which warranted the giving of this instruction, and nothing proved upon which to predicate a recovery. There was absolutely no evidence whatever to show that the train was handled in a careless manner. The only witness who testified upon the subject…
1Opinion of the CourtBiggs, J.
The plaintiff claims that a horse belonging to him was struck and killed by an engine on defendant’s railroad. The petition contains two counts, one for double damages for the alleged failure of defendant to maintain a sufficient cattle-guard where the animal came upon the track, and the other is based on the alleged negligence of defendant’s servants in running the train, by reason of which it is claimed that the animal was killed.
There was a verdict for the defendant on the first count, and a finding by the jury in favor of plaintiff on the other count. Judgment was entered accordingly, and…
2Cases cited11 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Dunkman v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1888
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
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3Cited by3 opinions
- Chicago, R.I. P. R. Co. v. HineSupreme Court of Oklahoma · 1916
- Buckman v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1903
- Alexander v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914