Brown v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. The facts are stated in the opinion. I. The complaint does not state a cause of action, :at common law; and the obstructing of the public crossing or highway,«was not the proximate cause of the injury. Powell v. Devenney, 3 Cushing 301; SeJimidt v. R. R., 83 HI. 405; BoscTi v. R. R., 44 Iowa 402. II. The judgment should have been for defendant. 'There could be no recovery under the statute. Section 2124, Bev.
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Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. The facts are stated in the opinion. I. The complaint does not state a cause of action, :at common law; and the obstructing of the public crossing or highway,«was not the proximate cause of the injury. Powell v. Devenney, 3 Cushing 301; SeJimidt v. R. R., 83 HI. 405; BoscTi v. R. R., 44 Iowa 402. II. The judgment should have been for defendant. 'There could be no recovery under the statute. Section 2124, Bev. Stat. ; Walton v. R. R., 67 Mo. 56. Nor at •common law, without proof of negligent management of the train. Swearingen…
1Opinion of the CourtPhilips, P. J.
This is an action to recover damages against the defendant, a railroad corporation, for injury to certain of plaintiff’s cattle. After the matters of inducement, the petition alleges that, “at the time the said cows were killed and injured, a switch joined and attached to the main track of this defendant’s road on either side of its depot; that on or about the said nineteenth day of May, 1882, said defendant wilfully and negligently obstructed the public highway and crossing then and there being across the main track and switch of the defendant’s road, at said station of Bedford, by running…
2Cases cited1 opinion
- Bosch v. B. & M. R. R.Supreme Court of Iowa · 1876
3Cited by9 opinions
- Evansville Hoop & Stave Co. v. BaileyIndiana Court of Appeals · 1908
- Banks v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
- Mueller v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1893
- Herbert v. Wiggins Ferry Co.Missouri Court of Appeals · 1904
- Willis v. Providence Telegram Publishing Co.Supreme Court of Rhode Island · 1897
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