Ackley v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Jefferson Circuit Court, Hon. John L. Thomas, Judge. When it appears from the evidence that the damages sought to be recovered, by reason of successive acts of trespass by hogs escaping into plaintiffs’ cornfield through the railroad fence, were occasioned in part and intermingled with those arising from plaintiffs’ own negligence, in failing to keep their fencing in good repair, plaintiffs' can recover, if at all, only nominal damages.
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Appeal from the Jefferson Circuit Court, Hon. John L. Thomas, Judge. When it appears from the evidence that the damages sought to be recovered, by reason of successive acts of trespass by hogs escaping into plaintiffs’ cornfield through the railroad fence, were occasioned in part and intermingled with those arising from plaintiffs’ own negligence, in failing to keep their fencing in good repair, plaintiffs' can recover, if at all, only nominal damages. Ciarle v Railroad, 36 Mo. 203; Trice v. Railroad, 49 Mo. 438 ; Grau v. Railroad, 54 Mo. 240. The court erred in the instructions given on its…
1Opinion of the CourtPeers, J.
This suit was instituted in the circuit court of Jefferson county on the fifteenth of August, 1887, to recover damages alleged to have been occasioned during the years 1884, 1885, and 1886, to crops of plaintiffs by cattle, hogs and other animals escaping from defendant’s right of way through defective fences along its line of road. The petition contains three counts, each charging the damages to have resulted by reason of the neglect of the railroad company to keep and maintain its fences along plaintiffs’ field in good repair. The first count asks for damages in the snm of one hundred…
2Cases cited7 opinions
- Clardy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Morris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Trice v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Walther v. Pacific R. R.Supreme Court of Missouri · 1874
- Wilson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
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