Downing v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The evidence did not authorize a finding for plaintiff on the first count. Heme v. B. B., 71 Mo. 636-638; Isaacs v. Skrainka, 95 Mo. 517-523; Jewett v. B. B., 50 Mo. App. 547; Agan v. Shannon, 103 Mo. 661; State ex rel. v. Bank, 120 Mo. 161. (2) The plaintiff’s first instruction is erroneous and misleading.
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Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The evidence did not authorize a finding for plaintiff on the first count. Heme v. B. B., 71 Mo. 636-638; Isaacs v. Skrainka, 95 Mo. 517-523; Jewett v. B. B., 50 Mo. App. 547; Agan v. Shannon, 103 Mo. 661; State ex rel. v. Bank, 120 Mo. 161. (2) The plaintiff’s first instruction is erroneous and misleading. It practically and in effect told the jury that unless defendant’s agents gave the signals by both the bell and the whistle, there was prima facie evidence of negligence. Turner v. R. R., 78 Mo. 578. It did not require…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for the negligent killing of stock.
Statement. The petition was in three counts, the first of which alleged that a cow, the property of the plaintiff, was struck and killed by a locomotive and a . * tram of cars of tne defendant on a pub-lie crossing through the negligence of the defendant’s servants in failing to give either of the signals required by section 2608, Eevised Statutes. The second alleged that two horses of the plaintiff were on the track of the pefendant’s railroad where the same crosses one of the *660public streets of an incorporated village,…
2Cases cited4 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Van Note v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Hoyle v. FarquharsonSupreme Court of Missouri · 1883
- Marquis v. ClarkSupreme Court of Missouri · 1877
3Cited by5 opinions
- Phillips v. Geiser Manufacturing Co.Missouri Court of Appeals · 1908
- Courtney v. KneibMissouri Court of Appeals · 1908
- Kroner v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- State v. StuartMissouri Court of Appeals · 1906
- St. Louis & San Francisco Railroad v. ZacharyCourt Of Appeals Of Indian Territory · 1899