Francis v. Quincy, Ohama & Kansas City Railroad
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Non. John P. Butler, Judge. (1) There was no liability on the part of the defendant. The gate need not be a statutory gate, if it was securely fastened. There was no actual notice to the company that the gate was open, neither had a reasonable time elapsed.
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Appeal from Sullivan Circuit Court. — Non. John P. Butler, Judge. (1) There was no liability on the part of the defendant. The gate need not be a statutory gate, if it was securely fastened. There was no actual notice to the company that the gate was open, neither had a reasonable time elapsed. Railroad v. Kavanaugh, 163 Mo. 54; Harrington v. Railroad, 71 Mo. 384. “Any railroad corporation running or operating any railroad in this State, shall erect and maintain lawful fences . . . with openings and gates therein, to be hung and have latches or hooks, so that they may be easily opened and…
1Opinion of the Court
ELLISON, J. —
Plaintiff brought this action for damages occasioned him by the loss of his horse killed by one of defendant’s trains. He recovered judgment in the trial court.
The ground Of plaintiff’s action is that defendant maintained an insufficient gate at a farm crossing over its track where it passes through plaintiff’s fields; and that, in consequence, the horse passed from his field through the gate on to the right of way and was killed by a passing train. Since the verdict was for the plaintiff, we must assume to be true what the evidence tends to show, as well as all reasonable…
2Cases cited3 opinions
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Atchison, Topeka & Santa Fe Railway Co. v. KavanaughSupreme Court of Missouri · 1901
- Bumpas v. Wabash RailroadMissouri Court of Appeals · 1903
3Cited by1 opinion
- McCaskey v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1913