Alexander v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Caldwell Circuit Court.—Hon. E. J. Broaddus, Judge. How else could respondent show that the killing was the result of - the failure to ring or blow, except by circumstances? The testimony as to the unusual rate of speed of the train, and that the steer was young, strong, active and healthy, were circumstances from which the jury could fairly and rationally conclude that the killing was the result of the failure to ring the bell or blow the whistle.
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Appeal from Caldwell Circuit Court.—Hon. E. J. Broaddus, Judge. How else could respondent show that the killing was the result of - the failure to ring or blow, except by circumstances? The testimony as to the unusual rate of speed of the train, and that the steer was young, strong, active and healthy, were circumstances from which the jury could fairly and rationally conclude that the killing was the result of the failure to ring the bell or blow the whistle. Holman v. Railroad Co., 62 Mo. 562.
1Opinion of the CourtRay, J.
This was an action for damages, brought by the plaintiff before a justice of the peace, in Caldwell county, for the killing of his steer, by the defendant, at a public crossing on its railroad, in consequence of a failure to ring the bell or sound the whistle, as required by statute. The plaintiff had judgment before the justice and also in the circuit court, from which the defendant has appealed to this court.
On a trial before a jury, the plaintiff, to maintain the issue, on his part, introduced evidence tending to show that the bell was not rung nor the whistle sounded on the train…
2Cases cited3 opinions
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Holman v. Chicago, Rock IsLand & Pacific RailroadSupreme Court of Missouri · 1876
- Stoneman v. Atlantic & Pacific R. R.Supreme Court of Missouri · 1875
3Cited by10 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Kelly v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Cathcart v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1885
- Wasson v. McCookMissouri Court of Appeals · 1899
- Barr v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
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