Prather v. Kansas City & Northern Connecting Railroad
Missouri Court of Appeals
Appeal from tbe Olay Circuit Court.—Hon. ETbrid’ge J. Broaddus, Judge. (1) Tbe court should have given tbe peremptory instruction requested by defendant atibe close of plaintiffs evidenco, to find for defendant upon the first count of plaintiff’s petition.
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Appeal from tbe Olay Circuit Court.—Hon. ETbrid’ge J. Broaddus, Judge. (1) Tbe court should have given tbe peremptory instruction requested by defendant atibe close of plaintiffs evidenco, to find for defendant upon the first count of plaintiff’s petition. Milburn v. Railway, 86 Mo. 104; Railroad v. Phillipi, 20 Kan. loc. cit. 12. (2) The new road along the defendant’s right of way and crossing its track 136 feet south of the station, was a de facto road and defendant had no right to fence it up or obstruct it. Jackson y. Railroad, 66 Mo. App. 506; Roberts v. Railroad, 43 Mo. App. 287, loc.…
1Opinion of the Court
SMITH", P. J.
This is a suit which was brought under section 2611, Revised Statutes to recover damages for the killing of a mule and a horse, the property of plaintiff. The two animals were killed at different times and at different places, although the places where they were killed, or where it is claimed they came upon the track, were very close together.
*89The plaintiff was the owner of a farm consisting of eighty acres of land. About the year 1890 the Winner road had condemned a right of way and constructed a railroad through it. About 1896, or 189*7, the defendant'purchased that portion of…
2Cases cited9 opinions
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Milburn v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Pearson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1889
- Russell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
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3Cited by1 opinion
- Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910