McGuire v. St. Louis, Memphis & Southeastern Railway Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Now. Jas. L. Fort, Judge. (1) The court erred in refusing to give demurrer asked by defendant at the close of the evidence in this case. The undisputed evidence is that the steer was killed within the switch limits at Eaglet; that there was a depot and station ground there which was left open for the transaction of business with the public. That being true defendant was not required to fence at that point.
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Appeal from Stoddard Circuit Court. — Now. Jas. L. Fort, Judge. (1) The court erred in refusing to give demurrer asked by defendant at the close of the evidence in this case. The undisputed evidence is that the steer was killed within the switch limits at Eaglet; that there was a depot and station ground there which was left open for the transaction of business with the public. That being true defendant was not required to fence at that point. Morris v. Railroad, 58 Mo. 78; Swearingen v. Railroad, 64 Mo. 73; Russell v. Railway, 83 Mo. 507; Robinson v. Railroad, 64 Mo. 412; Lloyd v. Railway,…
1Opinion of the CourtGoode, J.
— Action for double damages for the killing of a steer by the defendant’s train. The animal went on the track of the defendant at Eaglet, a stopping place or station in Stoddard county. The defense was. that it was necessary to leave the railroad track unfenced at that place in order to carry on the business of the station with reasonable convenience to the public and safety to train operatives. The court gave an instruction for the plaintiff which ignored this defense and, in effect, directed a verdict for the plaintiff if the animal strayed on the track where the railroad was unfenced,…
2Cases cited5 opinions
- Chicago & Alton Railroad v. FlaggIllinois Supreme Court · 1867
- Cook v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- State v. Indiana & Illinois Southern RailroadIndiana Supreme Court · 1892
- State v. New Haven & Northampton Co.Supreme Court of Connecticut · 1870
- Georgia Pacific Ry. Co. v. RobinsonMississippi Supreme Court · 1891
3Cited by4 opinions
- Missouri Pacific Rld. Co. v. State Corporation Comm.Supreme Court of Kansas · 1970
- Hay v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Brandon v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Little v. Butler County RailroadMissouri Court of Appeals · 1909