Main v. Hannibal & St. Joseph R.R. Co.

Citation18 Mo.App. 388
PartiesDAVID E. MAIN, Respondent, v. THE HANNIBAL AND ST. JOSEPH RAILROAD COMPANY, Appellant.
Decision Date15 June 1885
CourtCourt of Appeal of Missouri (US)

18 Mo.App. 388

DAVID E. MAIN, Respondent,
v.
THE HANNIBAL AND ST. JOSEPH RAILROAD COMPANY, Appellant.

Kansas City Court of Appeals, Missouri.

Jun. 15, 1885.


APPEAL from Clinton Circuit Court, HON. GEO. W. DUNN, J.

Reversed.

The facts sufficiently appear in the opinion of the court.

[18 Mo.App. 389]

M. A. Low, for the appellant.

I. Section 790 of the Revised Statutes of Missouri provides: “And a corporation of this state leasing its road to a corporation of another state, shall remain liable, as if it operated the road itself.” There is no allegation, nor any showing that defendant has leased its road to any corporation, much less to a corporation of another state. When a party seeks to recover by virtue of a statute, he must state facts bringing his case within the purview of the statute.

II. The fact that the section foreman took charge of the dead animal and disposed of it, was not material to any issue in this case. His action was not competent to bind the defendant in any respect, as an admission.

III. The mere fact that a train was run through the sparsely populated part of a town at the speed of twenty miles an hour did not tend to show negligence. Aside from statutory or municipal regulation, no rate of speed is negligence per se. Powell v. R. R., 76 Mo. 80; Wallace v. R. R., 74 Mo. 594; Goodwin v. R. R., 75 Mo. 73; Lord v. C., R. I. & P. Ry. Co., not yet reported.

IV. Even though the speed of the train was, in itself, negligent, still there was no evidence that it caused the injury. There was no necessary connection between the rate of speed and the injury to the cow under the circumstances. Powell v. R. R., 76 Mo. 82; Lord v. R. R., supra.

No brief on file for respondent.

Opinion by ELLISON, J.

This action is based on a statement before a justice, of which the following is a literal copy:

“David E. Main,
)
vs.
)
Hannibal and St. Joseph Railroad Company.

)

Before B. J. Burke, justice of the peace in Lathrop township, Clinton county, Missouri.

[18 Mo.App. 390]

Plaintiff says defendants are a corporation duly incorporated by the laws of the state of Missouri, and doing business in the name and style of the Hannibal and St. Joseph Railroad Company, and the Chicago, Rock Island and Pacific Railroad Company. Plaintiff says the agents and servants of the Chicago, Rock Island and Pacific Railroad Company, in or about the 15th of July, while in the employ of said lessees, and while running the lessees' engine and cars along the line of defendant's railroad track in...

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8 cases
  • Moorshead v. United Rys. Co.
    • United States
    • Missouri Court of Appeals
    • May 22, 1906
    ... ... Railroad, 61 Mo. 17; Markey v. Railroad, 185 Mo. 348, 84 S. W. 61; Main v. Same, 18 Mo. App. 388; Brown v. Same, 27 Mo. App. 396; McCoy v. Same, ... ...
  • Markey v. Louisiana & M. R. R. Co.
    • United States
    • Missouri Supreme Court
    • November 23, 1904
    ... ...         Missouri cases: Smith v. Railroad, 61 Mo. 17; Main v. Railroad, 18 Mo. App. 388; McCoy v. Railroad, 36 Mo. App., loc. cit ... ...
  • Moorshead v. United Railways Co.
    • United States
    • Missouri Court of Appeals
    • May 22, 1906
    ... ... 468; ... Driscoll v. Railroad, 65 Conn. 230; St. Joseph, ... etc., v. St. Louis, etc., 135 Mo. 173; Railroad v ... Cox, 102 ... Mo. 17; Markey v. R. R., 185 Mo. 348, 84 S.W. 61; ... Main v. Id., 18 Mo.App. 388; Brown v. Id., ... 27 Mo.App. 396; McCoy v ... ...
  • Moorshead v. United Railways Company of St. Louis
    • United States
    • Missouri Supreme Court
    • March 30, 1907
    ... ... Civ. App. 468; Driscoll v. Railroad, 65 Conn ... 230; St. Joseph, etc., v. St. Louis, etc., 135 Mo ... 173; Railroad v. Cox, 102 F ... the lessor from liability. In the main, those cases are ... founded on the breach of some duty which the lessor ... ...
  • Request a trial to view additional results

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