Lloyd v. Pacific Railroad
Supreme Court of Missouri
Error to Moniteau Circuit Court. If there are certain approaches to railroad depots in villages and towns, in actual and constant use by the public, and which necessarily are left unfenced in order to enable the public to ship and defendant to receive and deliver freight, and to perform the duties which the law requires of it, and if, the same being fenced up, a public nuisance would be created, defendant is not liable for failure to fence such avenues of. approach and…
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Error to Moniteau Circuit Court. If there are certain approaches to railroad depots in villages and towns, in actual and constant use by the public, and which necessarily are left unfenced in order to enable the public to ship and defendant to receive and deliver freight, and to perform the duties which the law requires of it, and if, the same being fenced up, a public nuisance would be created, defendant is not liable for failure to fence such avenues of. approach and departure, and is not responsible in damages, without proof of negligence, for stock killed which get upon the track through…
1Opinion of the CourtBliss, Judge
The plaintiff brought suit under the fifth section of the damage act (Wagn. Stat. 520) for killing her cow, and showed that at the place where the carcass of the- cow was found, the road was not fenced; but it appeared that there was a fence on the south *201side of the track, and that the ground upon the north side, between the track and the public highway, was contiguous to a railroad station, and was used for receiving and delivering freight, etc. The following instruction, asked by defendant and refused by the court, embraces the only proposition necessary to be considered: “If the jury…
2Cases cited4 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Indianapolis & Cincinnati Railroad v. KinneyIndiana Supreme Court · 1857
- Indianapolis & Cincinnati Railroad v. OestelIndiana Supreme Court · 1863
- Wier v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1871
3Cited by27 opinions
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- McGrath v. Detroit, Mackinac & Marquette R. R.Michigan Supreme Court · 1885
- Pearson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1889
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