Stout v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) The undisputed evidence is that plaintiff’s bull was killed on a public road crossing and within the corporate limits of the town of Harviell. There could be no recovery, therefore, without proof of negligence on part of the defendant. R. S. 1899, sec. 2867; Wallace v. Railroad, 74 Mo. 597; Webster v. Railroad, 57 Mo. App. 451; Lloyd v. Railroad, 49 Mo. 199; Grant v. Railroad, 56 Mo.
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Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) The undisputed evidence is that plaintiff’s bull was killed on a public road crossing and within the corporate limits of the town of Harviell. There could be no recovery, therefore, without proof of negligence on part of the defendant. R. S. 1899, sec. 2867; Wallace v. Railroad, 74 Mo. 597; Webster v. Railroad, 57 Mo. App. 451; Lloyd v. Railroad, 49 Mo. 199; Grant v. Railroad, 56 Mo. App. 65; Morris v. Railroad, 58 Mo. 78; Pearson v. Railroad, 88 Mo. App. 543; Redmond v. Railroad, 104 Mo, App. 651. (2) Plaintiff was not…
1Opinion of the CourtGray, J.
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In the April term, 1909, of the circuit court of Butler county, three suits were pending in which the respondent was plaintiff, and the appellant defendant. On motion of the defendant, the suits were consolidated, and the defendant filed a general answer, consisting of a general denial. The case was tried on the 7th day of May, 1909, before a jury, resulting in a verdict in favor of the plaintiff on all the counts in his different petitions.
One of the suits is in three counts, to recover damages for hogs killed by the defendant. In this suit, the plaintiff alleged in the first count that at…
2Cases cited10 opinions
- Kayser v. Trustees of BremenSupreme Court of Missouri · 1852
- State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
- Black v. EarlySupreme Court of Missouri · 1907
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
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3Cited by4 opinions
- Lackey v. Missouri & Kansas Interurban Railway Co.Supreme Court of Missouri · 1924
- Morgan v. Independent School District No. 26-JIdaho Supreme Court · 1922
- East St. Louis Cotton Oil Co. v. Bank of SteeleMissouri Court of Appeals · 1918
- Wilson v. United Railways Co.Missouri Court of Appeals · 1912