Rinehart v. Kansas City Southern Railway Co.
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) Plaintiff was not an adjoining owner within the meaning or protection of the statute requiring railroads to fence their right of way through inclosed lands and cannot, therefore, recover. Ferris v. Railroad, 30 Mo. App. 122; Geiser v. Railroad, 61 Mo.
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Transferred from Kansas City Court of Appeals. (1) Plaintiff was not an adjoining owner within the meaning or protection of the statute requiring railroads to fence their right of way through inclosed lands and cannot, therefore, recover. Ferris v. Railroad, 30 Mo. App. 122; Geiser v. Railroad, 61 Mo. App. 459; Railroad v. Hollingsworth (Tex.), 68 S. W. 724; Railroad v. Huffman (Tex.), 71 S. W. 779. (2) Kaufman, the adjoining landowner, was entirely satisfied with the fence and gate along the right of way, and with its being open (if snch were true, which we deny) and plaintiff, therefore,…
1Opinion of the Court
WOODSON, J. —
This is an action which was instituted in the circuit court of Yernon county, by the plaintiff against the defendant, seeking to recover double damages, under the provisions of sec. 1105, Revised Statutes 1899, for the alleged killing of plaintiff’s colt by one of defendant’s engines and cars, on or about December 25, 1901.
Plaintiff introduced evidence, at the trial, tending to prove that he was the owner of the colt at the time it was killed; that it and other horses escaped from his son while being taken to water, in the'town of Richards, Missouri, on December 25, 1901; that…
2Cases cited13 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Berry v. St. Louis, Salem & Little Rock R. R.Supreme Court of Missouri · 1877
- Milliken v. Thyson Commission Co.Supreme Court of Missouri · 1907
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
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3Cited by5 opinions
- Williams v. Kansas City, Clay County & St. Joseph Railway Co.Missouri Court of Appeals · 1928
- St. Louis S. F. R. Co. v. SteeleSupreme Court of Oklahoma · 1913
- Ingalsbe v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1922
- Chilton v. HinesMissouri Court of Appeals · 1920
- Guthrie v. HolmesSupreme Court of Missouri · 1917