Sikes v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from New Madrid Circuit Court.—Hon. Henry 0. Riley, Judge. (1) Railroads are not authorized to fence across a public road, whether such road be one de jure or de facto. Gilz y. Railroad, 65 Mo. App'. 445; Lucky v. Railroad, 76 Mo. 639; Roberts y. Railroad, 43 Mo. App. 287; Henderson v. Railroad, 36 Mo. App. 113; Brown v. Railroad, 20 M'o. App. 427; Carter v. Railroad, 69 Mo. App. 295; State y.
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Appeal from New Madrid Circuit Court.—Hon. Henry 0. Riley, Judge. (1) Railroads are not authorized to fence across a public road, whether such road be one de jure or de facto. Gilz y. Railroad, 65 Mo. App'. 445; Lucky v. Railroad, 76 Mo. 639; Roberts y. Railroad, 43 Mo. App. 287; Henderson v. Railroad, 36 Mo. App. 113; Brown v. Railroad, 20 M'o. App. 427; Carter v. Railroad, 69 Mo. App. 295; State y. Walters, 69 Mo. 463. And a private road is a public highway not authorized to be fenced. Walton y. Railroad, 67 Mo. 56. (2) The court took the position that, before this road could be recognized…
1Opinion of the CourtNor Toni, J.
This is a suit for double damages under the railroad fence statute, section 1105, Revised Statutes 1899. The statute referred to requires the companies to erect and maintain lawful fences along the sides of their road for the purpose of preventing animals *328from going upon the tracks. It is provided therein that double the value of the animals killed by reason of the railroad’s failure to fence, may be recovered. Plaintiffs suffered the loss of several horses and mules, all of which entered upon the track and were killed by defendant’s locomotive engine where a Avagon road crosses the railroad…
2Cases cited18 opinions
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Zimmerman v. SnowdenSupreme Court of Missouri · 1885
- State v. WellsSupreme Court of Missouri · 1879
- Roberts v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1891
- Donovan v. DunningSupreme Court of Missouri · 1879
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3Cited by15 opinions
- Lemasters v. WillmanMissouri Court of Appeals · 1955
- State v. HallMissouri Court of Appeals · 1961
- Garbee v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1927
- Cooper v. Massachusetts Bonding & InsuranceMissouri Court of Appeals · 1944
- Patton v. ForgeyMissouri Court of Appeals · 1913
10 more not listed; retrieve them via the Exa API.