Gordon v. Chicago, Santa Fe & California Railway Co.
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Ben. E. Turner, Judge.’ (1) Revised Statutes, 1889, section 2611, is a penal statute, and so far as it is regarded as punitive should be strictly construed. Parish v. Railroad, 63 Mo. 284. ( 2) A railroad company is not liable in double damages, under this statute, for an injury to stock which, does not result from direct or actual collision with the engine or cars.
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Appeal from the Scotland Circuit Court. — Hon. Ben. E. Turner, Judge.’ (1) Revised Statutes, 1889, section 2611, is a penal statute, and so far as it is regarded as punitive should be strictly construed. Parish v. Railroad, 63 Mo. 284. ( 2) A railroad company is not liable in double damages, under this statute, for an injury to stock which, does not result from direct or actual collision with the engine or cars. Lafferty v. Railroad, 44 Mo. 291; Hughes v. Railroad, 66Mo- 325; Siebertv. Railroad,72Mo. 565 ; Silver v. Railroad, 78 Mo. 528 ; Halfort v. Railroad, 82 Mo. 90 ; Foster v. Railroad,…
1Opinion of the CourtThompson, J.
This action is brought under section 2611 of the Revised Statutes, 1889 (R. S. 1879, sec. 809), to recover the sum of $600, being double the damages alleged to have been sustained by the plaintiff by reason of the failure of the defendant railway company to fence its right of way, where its road passes over a farm occupied by the plaintiff as tenant of another.
The first count of the petition charged that the defendant was engaged in the construction of its road through the plaintiff’s pasture from July 15, 1887, to-March 1, 1888, and that, by reason of its omission to erect-fences along the…
2Cases cited1 opinion
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
3Cited by2 opinions
- Stanley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1912
- Boggs v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1900