Rowen v. Chicago Great Western Railway Co.
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) Instruction 1 for plaintiff is misleading, does not declare the law, and was not based upon the evidence. It proceeds entirely upon the theory that the company is liable unless it maintained a gate at the alleged farm crossing, fastened by a latch or hook.
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Transferred from Kansas City Court of Appeals. (1) Instruction 1 for plaintiff is misleading, does not declare the law, and was not based upon the evidence. It proceeds entirely upon the theory that the company is liable unless it maintained a gate at the alleged farm crossing, fastened by a latch or hook. It entirely ignored the fact that although the gate (as the testimony showed) was hung on a cleat and fastened by being slid between two posts, yet was equally as secure as if fastened with hook or latch. In fact, this instruction, which was the only one given for plaintiff in relation to…
1Opinion of the CourtFox, J.
This cause was certified to this court by the Kansas City Court of Appeals, for the reason that the conclusions reached and announced by a written opinion are in conflict with a decision by the St. Louis Court of Appeals in the case of Kavanaugh v. Railroad, 75 Mo. App. 78, which was also certified to this-court because one of the judges held that the ruling of the majority was in conflict with prior decisions of that court. This cause reached the Kansas City Court of Appeals by appeal on the part of the defendant from a judgment in the circuit court of Worth county in favor of plaintiff. The…
2Cases cited8 opinions
- Bothwell v. C., M. & St. P. R.Supreme Court of Iowa · 1882
- Atchison, Topeka & Santa Fe Railway Co. v. KavanaughSupreme Court of Missouri · 1901
- Duncan v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Morrison v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1887
- Carver v. HuskeySupreme Court of Missouri · 1883
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3Cited by3 opinions
- Winters v. HinesMissouri Court of Appeals · 1921
- McBride v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1927
- Smith v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1908