Mack v. St. Louis, Kansas City & Northern Ry. Co.

CourtMissouri Supreme Court
Writing for the CourtHOUGH
Citation77 Mo. 232
Decision Date30 April 1883
PartiesMACK v. THE ST. LOUIS, KANSAS CITY & NORTHERN RAILWAY COMPANY, Appellant.

77 Mo. 232

MACK
v.
THE ST. LOUIS, KANSAS CITY & NORTHERN RAILWAY COMPANY, Appellant.

Supreme Court of Missouri.

April Term, 1883.


[77 Mo. 233]

Appeal from Montgomery Circuit Court.--HON. G. PORTER, Judge.

AFFIRMED.

Wells H. Blodgett for appellant.

Emil Rosenberger for respondent.


HOUGH, C. J.

This suit was originally instituted before a justice of the peace upon the following statement:

The St. Louis, Kansas City & Northern Railway Co., Dr. To James Mack.

November 23rd, 1878, to damages for negligently killing at Bear Creek township, Montgomery county, Missouri, one gray mare
$60 00
Voluntary credit
10 00
Balance due

$50 00

The plaintiff recovered judgment and the defendant has appealed.

The plaintiff's horse was killed at a crossing, on either side of which ties had been piled, close to the track, to the height of seven or eight feet, for acceptance by the railroad company, or for shipment, which, does not clearly appear, thereby leaving a space in the highway for crossing the track only seven or eight feet wide, and making a narrow lane from the open space left for crossing to the cattle-guard. No witness who testified at the trial saw the horse struck by the cars, but it is fairly inferable from the testimony that it was struck by the engine on or near the crossing, and was forced through the lane formed by the ties, and carried sixty feet inside of the cattle-guard.

The court instructed the jury that if they believed from the evidence that the horse was killed by reason of the negligence of the defendant's servants in managing the train, or if the defendant negligently permitted the

[77 Mo. 234]

crossing to be obstructed by the ties so as to render the passage of stock over the same more hazardous than it would...

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30 practice notes
  • Cushulas v. Schroeder and Tremayne, Inc., No. 20762.
    • United States
    • Missouri Court of Appeals
    • January 7, 1930
    ...City Power & Light Co., 311 Mo. 369, 279 S.W. 43; Geninazza v. Leonori Auction & Storage Co., 252 S.W. (Mo. Sup.) 417; Mack v. Railroad, 77 Mo. 232; Phillips v. Railroad, 226 S.W. (Mo. Sup.) 863; Lynch v. Railroad, 111 Mo. 601; Anderson v. Lusk, 202 S.W. (Mo. App.) 306; Mason v. Wilks, 288 ......
  • Bell v. Hannibal & St. Joseph R.R. Co.
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1885
    ...and the petition is sufficient to authorize the admission of plaintiffs' evidence and the giving of their instructions. Mack v. Railroad, 77 Mo. 232. (7) It was the duty of the engineer to keep a look out on the track. Kelley v. Railroad, 75 Mo. 140; Frick v. Railroad, 75 Mo. 595. RAY, J. T......
  • Cederson v. Oregon R. & Nav. Co.
    • United States
    • Supreme Court of Oregon
    • November 12, 1900
    ...363; Young v. Lynch, 66 Wis. 514, 29 N.W. 224; Railroad Co. v. Wolfe, 80 Ky. 82; Schneider v. Railway Co., 75 Mo. 295; Mack v. Railway Co., 77 Mo. 232; Grinde v. Railroad Co., 42 Iowa, 376. It is most stoutly contended, however, that this court has decided otherwise; that is to say, that th......
  • Younie v. Blackfoot Light & Water Co.
    • United States
    • Idaho Supreme Court
    • June 1, 1908
    ...v. Meyer, 100 Cal. 592, 35 P. 308; Louisville N. A. & C. Ry. Co. v. Berkey, 136 Ind. 181, 35 N.E. 3; Mack v. St. Louis K. C. & M. Ry. Co., 77 Mo. 232; Gulf C. & S. F. R. Co. v. Washington, 49 F. 347, 1 C. C. A. 286; Rogers v. Truesdale, 57 Minn. 126, 58 N.W. 688; Senate v. Chicago, M. & St.......
  • Request a trial to view additional results
30 cases
  • Cushulas v. Schroeder and Tremayne, Inc., No. 20762.
    • United States
    • Missouri Court of Appeals
    • January 7, 1930
    ...City Power & Light Co., 311 Mo. 369, 279 S.W. 43; Geninazza v. Leonori Auction & Storage Co., 252 S.W. (Mo. Sup.) 417; Mack v. Railroad, 77 Mo. 232; Phillips v. Railroad, 226 S.W. (Mo. Sup.) 863; Lynch v. Railroad, 111 Mo. 601; Anderson v. Lusk, 202 S.W. (Mo. App.) 306; Mason v. Wilks, 288 ......
  • Bell v. Hannibal & St. Joseph R.R. Co.
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1885
    ...and the petition is sufficient to authorize the admission of plaintiffs' evidence and the giving of their instructions. Mack v. Railroad, 77 Mo. 232. (7) It was the duty of the engineer to keep a look out on the track. Kelley v. Railroad, 75 Mo. 140; Frick v. Railroad, 75 Mo. 595. RAY, J. T......
  • Cederson v. Oregon R. & Nav. Co.
    • United States
    • Supreme Court of Oregon
    • November 12, 1900
    ...363; Young v. Lynch, 66 Wis. 514, 29 N.W. 224; Railroad Co. v. Wolfe, 80 Ky. 82; Schneider v. Railway Co., 75 Mo. 295; Mack v. Railway Co., 77 Mo. 232; Grinde v. Railroad Co., 42 Iowa, 376. It is most stoutly contended, however, that this court has decided otherwise; that is to say, that th......
  • Younie v. Blackfoot Light & Water Co.
    • United States
    • Idaho Supreme Court
    • June 1, 1908
    ...v. Meyer, 100 Cal. 592, 35 P. 308; Louisville N. A. & C. Ry. Co. v. Berkey, 136 Ind. 181, 35 N.E. 3; Mack v. St. Louis K. C. & M. Ry. Co., 77 Mo. 232; Gulf C. & S. F. R. Co. v. Washington, 49 F. 347, 1 C. C. A. 286; Rogers v. Truesdale, 57 Minn. 126, 58 N.W. 688; Senate v. Chicago, M. & St.......
  • Request a trial to view additional results

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