Miller v. Chicago, Milwaukee & St. Paul Railway Co.
Missouri Court of Appeals
Appeal' from Caldwell Circuit Court. — Hon. A. B. Davis, Judge. (1) The company has discharged its full duty ‘ under the law when it erects and maintains in good repair a cattle guard that is as perfect and well adapted' to the purpose of turning stock as it is practicable to-make it, taking into consideration the safety of the-traveling public and the safe and prudent operation of the road.
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Appeal' from Caldwell Circuit Court. — Hon. A. B. Davis, Judge. (1) The company has discharged its full duty ‘ under the law when it erects and maintains in good repair a cattle guard that is as perfect and well adapted' to the purpose of turning stock as it is practicable to-make it, taking into consideration the safety of the-traveling public and the safe and prudent operation of the road. Railroad v. Busick, 86 S. W. 675; Railroad v. G-oset, 68 S. W. 879; Railroad v. Russel, 110 S. W. 318; Cole v. Railroad, 47 Mo. App. 624; Jones v. Railroad, 59 Mo. App. 137; Sappington v. Railroad, 95 Mo.…
1Opinion of the CourtJohnson, J.
This is an action for double damages under section 3145, Revised Statutes 1909, for the hilling’ of a horse by a train on defendant’s railroad at a place in the country where the statute required defendant to fence and “to construct and maintain cattle guards sufficient to prevent horses . . . from getting on the railroad.”
The petition alleges that the horse entered the right of way at a point two miles west of the station of Cow-gill where defendant had failed to maintain a lawful fence and “had insufficient cattle guards to prevent horses . . . from getting on to said right of way.” The…
2Cases cited7 opinions
- Timins v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1887
- Dietrich v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1901
- Chicago, Burlington & Quincy Railroad v. FarrellyAppellate Court of Illinois · 1878
- Cole v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1892
- Jones v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1894
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3Cited by2 opinions
- Musgrave v. Southern Pacific Co.Arizona Supreme Court · 1937
- Pluym v. Illinois Central RailroadAppellate Court of Illinois · 1921