Hannah v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from the Jaclcson Gircuit Court. — Hon. E. P. Gates, Judge. (1) A street railway is not a railroad within the meaning of section 2611 of the Revised Statutes of Missouri. R. S., ch. 42, art. 2, sec. 2611; Railroad v. Railroad, 2 Duv. (Ky.) 175, 178; Booth on Street Railways, p. 2, sec. 1; Williams v. Railway, 41 Eed. Rep. 556, 557; 23 Am. and Eng. Ency. Law, 941; Trust Co. v. Railway, 68 Eed. Rep. 82; Railway v. Johnson, 25 Pac.
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Appeal from the Jaclcson Gircuit Court. — Hon. E. P. Gates, Judge. (1) A street railway is not a railroad within the meaning of section 2611 of the Revised Statutes of Missouri. R. S., ch. 42, art. 2, sec. 2611; Railroad v. Railroad, 2 Duv. (Ky.) 175, 178; Booth on Street Railways, p. 2, sec. 1; Williams v. Railway, 41 Eed. Rep. 556, 557; 23 Am. and Eng. Ency. Law, 941; Trust Co. v. Railway, 68 Eed. Rep. 82; Railway v. Johnson, 25 Pac. Rep. 1084, 1085; 2 Wash. 112; Beach Private Corporations, see. 403; Eunk v. Railway, 63 N. W. Rep. 1099; 61 Minn. 435; Cable Co. v. Johnson, 25 Pac. Rep.…
1Opinion of the CourtGill, J.
The defendant operates an electric railway line between Kansas Oity and Independence, and the question is, whether or not it is answerable in double damages for stock escaping onto the track and killed where the right of way is unfenced. It is conceded that plaintiff’s mare strayed upon the tracks of the road at a point about -half way between Kansas City and Independence, and was there run over and killed by one of defendant’s electric cars. It is also admitted that the place where the mare got upon the track was such that it ought to have been fenced, if section 2611 of our corporation…
2Cases cited1 opinion
- Shapiro v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1895
3Cited by10 opinions
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- Riggs v. St. Francois County Railway Co.Missouri Court of Appeals · 1906
- Jackson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
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