Atchison, Topeka & Santa Fe Railway Co. v. Kavanaugh
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. Notwithstanding 'the gate in controversy may not have been a statutory gate, yet, as the evidence disclosed that the gate was shut and securely fastened at six o’clock on the evening preceding the accident, and that the stock escaped upon the right of way sometime during the succeeding night, by reason of the gate being left open by some third person, there is no liability on the part of the defendant.
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Transferred from St. Louis Court of Appeals. Notwithstanding 'the gate in controversy may not have been a statutory gate, yet, as the evidence disclosed that the gate was shut and securely fastened at six o’clock on the evening preceding the accident, and that the stock escaped upon the right of way sometime during the succeeding night, by reason of the gate being left open by some third person, there is no liability on the part of the defendant. Ridenore v. Railroad, 81 Mo. 227; Binicker v. Railroad, 83 Mo. 660; Harrington v. Railroad, 71 Mo. 381; Box v. Railroad, 58 Mo. App. 359; Stephens…
1Opinion of the CourtSherwood, P. J.
This cause, reported in 75 Mo. App. 78, has been certified to this court from the St. Louis Court of Appeals, on the dissent of Bland, P. J., who dissented on the ground that the decision is in conflict with Harrington v. Railroad, 71 Mo. 381, and other cases.
This action is brought to recover double damages because four milch cows of plaintiffs were killed and two crippled on defendant’s railroad track, by an engine, about seven o’clock on the morning of September 15, 1897, having passed through an open gate which led from plaintiffs’ barn lot on thé north side *56of the railroad track across…
2Cases cited8 opinions
- Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Clardy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- DeLassus v. GatewoodSupreme Court of Missouri · 1880
- Binicker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Case v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Bumpas v. Wabash RailroadMissouri Court of Appeals · 1903
- Rowen v. Chicago Great Western Railway Co.Supreme Court of Missouri · 1906
- Winters v. HinesMissouri Court of Appeals · 1921
6 more not listed; retrieve them via the Exa API.