Fletcher v. St. Louis, Kansas City & Northern Railway Co.

The defendant failed to fence the sides of its road which runs through an inclosed field of 160 acres in Adair county, owned by plaintiff, who, in 1877, under the act of February, 1875, (Sess. Acts, p. 131,) built a fence through the field on one side of the railroad, and brought this suit to recover its value. He obtained a judgment, from which defendant has appealed, and contends that plaintiff cannot recover until he has built the fence required by the act, on both sides of the road through the field, and the argument is, that the primary object of the statute is to protect the traveling…