Shell v. Missouri Pacific Railway Co.
Missouri Court of Appeals
.Appeal from Barton Circuit Court. — Eon. Eenry O. Timmonds, Judge. (1) If tbe section men were guilty of no negligence •as beld by the court below, then no common law right of •action could possibly arise under the facts in this case. •At common law the defendant was not required to fence its track or put in any cattle guards. Barney v. Railway, 126 Mo. 388; Turner y. Thomas, 71 Mo. 596; Hughes y. Railroad, 66 Mo. 325; Hill v. Railway, 49 Mo.
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.Appeal from Barton Circuit Court. — Eon. Eenry O. Timmonds, Judge. (1) If tbe section men were guilty of no negligence •as beld by the court below, then no common law right of •action could possibly arise under the facts in this case. •At common law the defendant was not required to fence its track or put in any cattle guards. Barney v. Railway, 126 Mo. 388; Turner y. Thomas, 71 Mo. 596; Hughes y. Railroad, 66 Mo. 325; Hill v. Railway, 49 Mo. App. 535, 121 Mo. 481; OiRiley y. Diss, 41 Mo. App. 188; Dooley y. Railway, 36 Mo. App. 387. (2) It is now well settled in this State, that a party by…
1Opinion of the CourtEllison, J.
This is án action for damages arising from the death of plaintiff’s mare and he obtained judgment in the circuit court for one hundred and twenty-five dollars. Defendant appealed to this court, but on account of it having set up in its answer that sections 1105 and 1106, Revised Statutes 1899, were unconstitutional, we transferred the case to the Supreme Court. The case was argued in that court, but it came to the conclusion that the constitutionality of those sections was not involved, since defendant had not presented such question to the trial court and the latter court had not made any…
2Cases cited18 opinions
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Robertson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
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3Cited by2 opinions
- Martin v. Richmond Cotton Oil Co.Missouri Court of Appeals · 1916
- McKee v. PetersMissouri Court of Appeals · 1910