Sappington v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — No». Elliott Hughes, Judge. There was no evidence, not one syllable, that all three of the cattle guards were not ordinarily sufficient.
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Appeal from Audrain Circuit Court. — No». Elliott Hughes, Judge. There was no evidence, not one syllable, that all three of the cattle guards were not ordinarily sufficient. The evidence was undisputed, that notwithstanding one strip of barbs four or five inches wide were mashed down on one guard, and that one strip was torn out of another guard, that the mules did not get in by walking through this narrow space, and that all the guards were nevertheless sufficient to prevent, and did for years prevent, horses, mules, and cattle from getting on the right of way. Cole v. Railroad, 47 Mo. App.…
1Opinion of the CourtBarclay, J.
This case is due to a collision of four mules with a train of the Chicago & Alton railroad to the damage of the former. The owner of the mules sues for statutory (double) damages under section 1105 (R. S. 1899).
The petition charges that the animals got upon defendant’s railway at a place where it was the duty of defendant to build and maintain lawful fences on each side of its railroad, and to maintain cattle guards and cross-fences sufficient to prevent mules from getting on the railway, and that in consequence of the failure of defendant to maintain such fences and guards plaintiff’s mules…
2Cases cited4 opinions
- Edwards v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Witthouse v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
- Kingsbury v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1900
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
3Cited by3 opinions
- Fort Worth & Rio Grande Railway Co. v. SwanTexas Supreme Court · 1904
- Miller v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1914
- Adams v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909