Severn v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The court erred in refusing to sustain the defendant’s demurrer to the evidence. Shaw v. Railroad, 110 Mo. App. 561; Geltz v. Railroad, 38 Mo. App. 579; Briggs v. Railroad, 111 Mo. 168; King v. Railroad, 90 Mo. 520; Jewett v. Railroad, 38 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The court erred in refusing to sustain the defendant’s demurrer to the evidence. Shaw v. Railroad, 110 Mo. App. 561; Geltz v. Railroad, 38 Mo. App. 579; Briggs v. Railroad, 111 Mo. 168; King v. Railroad, 90 Mo. 520; Jewett v. Railroad, 38 Mo. App. 48;' Backenstoe v. Railroad, 86 Mo. 492; Mitchell v. Railroad, 82 Mo. 106; Hansberger v. Railroad, 43 Mo. 196; Haggard v. Railroad, 63 Mr. 302; Sec. 3839, R. S. 1899. (2) The verdict is not supported by the evidence. The facts and circumstances relied on must constitute…
1Opinion of the CourtNortoni, J.
This is a suit for the value of a mare killed on defendant’s railroad through its alleged negligence. Plaintiff recovered and defendant appeals.
The allegation of negligence in the petition relates to the failure of defendant to sound the whistle or ring the bell of its locomotive within eighty rods of a road crossing, as is required by section 1102, Revised Statutes 1899, section 1102, An. St. 1906.
It appears plaintiff’s mare was killed by defendant’s train while on a road crossing together with a number of other horses at Hall’s switch in Pemiscot county and that the value of the animal was…
2Cases cited10 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Haggard v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Shaw State Bank v. PfeffleMissouri Court of Appeals · 1927
- Rogers v. DavisMissouri Court of Appeals · 1916
- Swezea v. JenkinsMissouri Court of Appeals · 1914
- Trapp v. MersmanMissouri Court of Appeals · 1914
- Guhman v. DunawayMissouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.