Buster v. Hannibal & St. Joseph Railway Co.
Missouri Court of Appeals
Appeal from Clay Circuit Court, Hon. Geo. W. Bunn, J. The facts are sufficiently set forth in the opinion of the court. I. The injury sued for occurred at a public road crossing, and as it is admitted that the whistle was sounded, recovery can only be had for actual negligence. McPheeters v. R. R., 45 Mo. 22. II.
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Appeal from Clay Circuit Court, Hon. Geo. W. Bunn, J. The facts are sufficiently set forth in the opinion of the court. I. The injury sued for occurred at a public road crossing, and as it is admitted that the whistle was sounded, recovery can only be had for actual negligence. McPheeters v. R. R., 45 Mo. 22. II. The instructions given for plaintiff and by the court of its own motion were not warranted by the evidence ; the instructions, in effect, told the jury that they Avere at liberty to infer negligence from the facts proved. “It is not sufficient for the plaintiff to prove that he has…
1Opinion of the Court
Opinion by
Philips, P. J.
This is an action to recover damages for injuries to plaintiff’s mules, etc., alleged to have been carelessly inflicted by defendant’s servants in managing and running a train of cars on its road. The defendant has brought the case here on appeal. We perceive no error in the instructions given by the court. They present the whole case with exceptional fairness and clearness. The only question presented here by appellant, deemed worthy of any consideration, is whether the evidence supports the verdict.
This objection is, we think, sufficiently answered by a reference to…
2Cases cited3 opinions
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Kendig v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
- Edson v. Central RailroadSupreme Court of Iowa · 1874
3Cited by1 opinion
- Beall v. Chicago & Alton RailroadMissouri Court of Appeals · 1902