Montgomery v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. Benjamin E. Turner, Judge. (1) The jury should have been instructed to find for defendant. To render defendant liable in this action there must have been some causal connection shown between the height of the gate and the injury. If the gate had been four and a half feet high and had been blown •open the stock would have been killed just the same.
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Appeal from Clark Circuit Court. — Hon. Benjamin E. Turner, Judge. (1) The jury should have been instructed to find for defendant. To render defendant liable in this action there must have been some causal connection shown between the height of the gate and the injury. If the gate had been four and a half feet high and had been blown •open the stock would have been killed just the same. Holman v. Railroad, 62 Mo. 562; Alexander v. Rail•road, 76 Mo. 494; Wallace v. Railroad, 74 Mo. 594; Braxton r>. Railroad, 77 Mo. 455. The injury resulted, not from any failure on the part of defendant to…
1Opinion of the Court
Black, J. —
This is a suit for double damages for two cows, killed by the defendant’s cars at a farm crossing, where the road passes through plaintiff’s lands. The court overruled the defendant’s challenge for cause to two jurors. The challenge to each was for substantially the same reason, and the evidence of one only need be given. He made the following statements in answer to questions asked by the defendant and the court :
Q. “I understand you to say, in answer to question propounded, that if in your judgment the evidence in this case, of Montgomery v. The Wabash, St. Louis & *449Pacific…
2Cases cited2 opinions
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Hudson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
3Cited by6 opinions
- Theobald v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- McCarthy v. Cass Avenue & Fair Ground Railway Co.Supreme Court of Missouri · 1887
- Parlon v. WellsSupreme Court of Missouri · 1929
- Reed v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1905
- Coppersmith v. Mound City Railway Co.Missouri Court of Appeals · 1892
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