Box v. Atchison, Topeka & Santa Fe Railroad
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) This raises squarely the question as to whether the second instruction given on behalf of the defendant was a correct declaration of law as applicable to the facts of this case. This was a gate at a farm crossing, put in at the request of the adjoining owner. It was then, in the language of the statute, “for the use of the proprietors, or owners of the land adjoining.”
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) This raises squarely the question as to whether the second instruction given on behalf of the defendant was a correct declaration of law as applicable to the facts of this case. This was a gate at a farm crossing, put in at the request of the adjoining owner. It was then, in the language of the statute, “for the use of the proprietors, or owners of the land adjoining.” Can it be said that defendant after complying with a part of its statutory duty in erecting the gate will be permitted to defeat the plain purpose of the…
1Opinion of the CourtSmith, P. J.
This is an'action brought by plaintiff against the defendant under the provisions of the statute, section 2611, to recover damages for injury to two mules of the plaintiff. The essential facts of this *365case are conceded to be identical with those of Nicholson against the same defendant, decided by us at the last term, 55 Mo. App. 593. No other statement of this case need be made other than a reference to that.
This case, it may, however, be stated, comes her© by appeal from an order of the trial court setting aside the verdict, which was for defendant. It appears the ground upon which the court…
2Cases cited15 opinions
- Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Delassus v. PostonSupreme Court of Missouri · 1854
- Adams v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1891
- Bond v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1885
- Illinois Central Railroad v. SwearingenIllinois Supreme Court · 1868
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3Cited by1 opinion
- Swanson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900