Hay v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) The court erred in refusing to decláre the law as asked by defendant at the close of all testimony by way of demurrer thereto. Gilpin v. Railroad, 197 Mo. 319; Pearson v. Railroad, 33 Mo. App. 543; Jennings v. Railroad, 37 Mo. App. 651; Crenshaw v. Railroad, 54 Mo. App, 233; Webster v. Railroad, 57 Mo. App. 451; Grant v. Railroad, 56 Mo. App. 65; Ellis v. Railroad, 89 Mo.
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Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) The court erred in refusing to decláre the law as asked by defendant at the close of all testimony by way of demurrer thereto. Gilpin v. Railroad, 197 Mo. 319; Pearson v. Railroad, 33 Mo. App. 543; Jennings v. Railroad, 37 Mo. App. 651; Crenshaw v. Railroad, 54 Mo. App, 233; Webster v. Railroad, 57 Mo. App. 451; Grant v. Railroad, 56 Mo. App. 65; Ellis v. Railroad, 89 Mo. App. 241; Duncan v. Railroad, 111 Mo. App. 193; Smith v. Railroad, 111 Mo. App. 410; Foster v. Railroad, 112 Mo. App. 67; McGuire v Railroad, 113 Mo. App.…
1Opinion of the CourtCox, J.
Action for double damages for injury to a horse struck by a train on defendant’s road. The action is based on defendant’s failure to fence its track. Verdict for plaintiff for $75' which was doubled by the court and judgment entered for $150' and defendant has appealed.
The accident occurred at what defendant designated as the station of Sawyer in Butler county. The defendant admits the injury but contends^ that it is not liable under the double damage statute 'because under the facts it was not required to fence its road at the place of the accident. The evidence shows that the animal- came…
2Cases cited8 opinions
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Ellis v. Mississippi River & Bonne Terre RailwayMissouri Court of Appeals · 1901
- Foster v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1905
- Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
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3Cited by3 opinions
- Schoonover v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1921
- Goldsberry v. ThomasMissouri Court of Appeals · 1914
- Steckman v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1914