McBride v. Kansas City, St. Joseph & Council Bluffs Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Hon. Joseph P. G-rubb, Judge. The case and facts are stated in the opinion of the court. I. Under the statute (section 809, Revised Statutes), defendant was not required to construct a fence between its right of way and that of the Hannibal & St. Joseph Railway Company. Sellable v. R. R., 69 Mo. 91; Walton v. R. R., 67 Mo. 56 ; R. R. v. Brown,' 23 HI. 94; 27 lb. 80, 48. The statute is penal, and should be strictly construed. Parish n.
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Appeal from Buchanan Circuit Court, Hon. Joseph P. G-rubb, Judge. The case and facts are stated in the opinion of the court. I. Under the statute (section 809, Revised Statutes), defendant was not required to construct a fence between its right of way and that of the Hannibal & St. Joseph Railway Company. Sellable v. R. R., 69 Mo. 91; Walton v. R. R., 67 Mo. 56 ; R. R. v. Brown,' 23 HI. 94; 27 lb. 80, 48. The statute is penal, and should be strictly construed. Parish n. R. R., 63 Mo. 284; Piarles v. R. R., 58 Mo. 45; Gary v. R. R., 60 Mo. 209. “Itwas intended to afford protection to adjoining…
1Opinion of the CourtPhilips, P. J.
This is an action to recover damages against the defendant, a railroad corporation, for an injury to a steer, the property of plaintiff. The action is founded on section 809,' Revised Statutes. The injury is alleged to have resulted from defendant’s failure and neglect to fence its road where the same runs through uninclosed land. .The case was tried before the court sitting as a jury. Judgment for plaintiff. Defendant brings the case here by appeal.
*219I. The first contention of appellant is, that the-point where the steer entered upon the road was not uninclosed land, but, on the contrary, the…
2Cases cited1 opinion
- Gee v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
3Cited by3 opinions
- Harned v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Hobbs v. St. Louis, M. & S. RailroadMissouri Court of Appeals · 1905
- Parker Gordon Cigar Co. v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1915