Howenstein v. Pacific R. R.
Supreme Court of Missouri
Appeal from Johnson Court of Common Pleas. I. The burden is on the plaintiff to establish, that the neglect to ring the bell was the cause of the injury to the horses. The mere fact that the bell was not rung, does not of itself prove that, if it had been, the horses would not have been struck. There must be affirmative evidence of that fact. That is not only the law, but was the well settled construction of this statute when it was adopted. (See 1 Redf.
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Appeal from Johnson Court of Common Pleas. I. The burden is on the plaintiff to establish, that the neglect to ring the bell was the cause of the injury to the horses. The mere fact that the bell was not rung, does not of itself prove that, if it had been, the horses would not have been struck. There must be affirmative evidence of that fact. That is not only the law, but was the well settled construction of this statute when it was adopted. (See 1 Redf. Railw., p. 480, § 29 ; 111. R. R. Co. vs. Phelps, 29 111., 447; Galena R. R. vs. Loomis, 13 111., 548; Galena R. R. vs. Dill, 22 111., 266;…
1Opinion of the CourtTories, Judge
This action was commenced before a justice of the peace, where judgment was rendered for the plaintiff. From that judgment the defendant appealed to the Johnson Court of Common Pleas, where judgment was again rendered in favor of the plaintiff, from which the defendant appealed to this court.
• The cause of action filed before the justice charges that the defendant is a body corporate, arid upon the 24th‘day of October, 1870, was the owner of a certain railroad known as the Pacific Railroad, together with locomotives, cars, etc.; that on said day, while two horses, the property of the…
2Cases cited3 opinions
- Michigan Southern & Northern Indiana Railroad v. FisherIndiana Supreme Court · 1866
- Great Western Railroad v. GeddisIllinois Supreme Court · 1864
- Aubuchon v. St. Louis & Iron Mountain Railroad Co.Supreme Court of Missouri · 1873
3Cited by7 opinions
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Holman v. Chicago, Rock IsLand & Pacific RailroadSupreme Court of Missouri · 1876
- Stoneman v. Atlantic & Pacific R. R.Supreme Court of Missouri · 1875
- Smith v. FreylerMontana Supreme Court · 1882
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