Senate v. Chicago, Milwaukee & St. Paul Railway Co.
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court. — Hon. G. D. Burgess, Judge. (1) There was no evidence in this case tending to show that the animal was seen in time to have avoided the injury, and the respondent was not entitled to recover. Young v. Railroad, 79 Mo. 336. (2) It does not appear, even if the engineer had seen, or could have seen, the animal as she came upon the track, that it was possible to have stopped the train with safety, in order to avoid the injury.
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Appeal from the Sullivan Circuit Court. — Hon. G. D. Burgess, Judge. (1) There was no evidence in this case tending to show that the animal was seen in time to have avoided the injury, and the respondent was not entitled to recover. Young v. Railroad, 79 Mo. 336. (2) It does not appear, even if the engineer had seen, or could have seen, the animal as she came upon the track, that it was possible to have stopped the train with safety, in order to avoid the injury. Maher v. Railroad, 64 Mol 267. (3) There being no evidence of negligence it was the duty of the court to say so to the jury.- Lord…
1Opinion of the CourtGill, J.
Plaintiff had a judgment in the court below against defendant for the value of a mare run over and killed by defendant’s train of cars at a station known as Harris, on defendant’s railroad. From said judgment defendant has appealed. It seems that plaintiff resided quite near the depot and switchyards at said station ; that he permitted the mare to feed on the com - mons thereabouts, and, at the time in question, she appeared on the grounds of defendant’s railroad, and was *297run over and killed by a passing freight train, which did not stop at Harris. No claim is made that the mare entered on…
2Cases cited4 opinions
- Yarnall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1889
- Grant v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1887
3Cited by4 opinions
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Delo v. Old Dominion Mining Co.Missouri Court of Appeals · 1911
- Castor v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1896
- Senate v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1894