Braddy v. Kansas City, Fort Scott & Memphis Railroad
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The instruction requires (or should require) the jury to believe two facts: First, that defendant injured plaintiff by killing his animal; second, that ■defendant was guilty of negligence in so doing. It says in substance: “If you believe plaintiff’s cow was ■killed, etc., etc.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The instruction requires (or should require) the jury to believe two facts: First, that defendant injured plaintiff by killing his animal; second, that ■defendant was guilty of negligence in so doing. It says in substance: “If you believe plaintiff’s cow was ■killed, etc., etc. (first fact); and if you shall further believe a bell was not rung and a whistle not sounded •(second fact), you will find for the plaintiff,” which is not the law. . As it has been repeatedly held that either is sufficient. Turner v. Railroad, 79…
1Opinion of the CourtSmith, P. J.
In this suit the plaintiff alleged that the defendant ran its train of cars over a public crossing without either ringing a bell or sounding a whistle, whereby a cow of the plaintiff of the value of $35 was run over and killed. The plaintiff had judgment, to reverse which the defendant appealed. The defendant challenges the judgment on the sole ground that the trial court erred in instructing the jury that: “If you shall believe from the evidence .that on or about the eighth day of August, 1889, in Central township, Barton county, Missouri, at the crossing of a traveled public road, the…
2Cases cited5 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Berry v. WilsonSupreme Court of Missouri · 1876
- Halferty v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Wise v. Joplin RailroadSupreme Court of Missouri · 1884
- Procter v. LoomisMissouri Court of Appeals · 1889
3Cited by4 opinions
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Burrows v. LikesMissouri Court of Appeals · 1914
- McCormick v. Kansas CityMissouri Court of Appeals · 1892
- Weltch v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1915