Growney v. Wabash Railroad
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — lion. Gallatin Craig, Judge. (1) The animal having passed from the pasture of respondent into an adjoining field belonging to a neighbor, through a defective and unlawful partition fence, it was a trespasser in the latter field unless it appears that it passed through at a point where the neighbor was bound by agreement or otherwise, to maintain the fence.
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Appeal from Nodaway Circuit Court. — lion. Gallatin Craig, Judge. (1) The animal having passed from the pasture of respondent into an adjoining field belonging to a neighbor, through a defective and unlawful partition fence, it was a trespasser in the latter field unless it appears that it passed through at a point where the neighbor was bound by agreement or otherwise, to maintain the fence. Where the stock law is in force, one is not required to fence ag;ainst another’s cattle, in the absence of an agreement to that effect, whether the cattle are in an adjoining inclosure or on the commons.…
1Opinion of the CourtSmith, P. J.
This is an action based on section 1105, Revised Statutes 1899. At the trial in the circuit court, where the cause was removed by appeal from the justice’s court, the parties at the conclusion of the evidence entered into a stipulation under which it was agreed that, “the steer in question escaped from the owner’s (plaintiff’s) premises through a defective and unlawful division fence between plaintiff’s land and that of his neighbor, Keeler, and from the latter’s land upon the right of way of defendant’s road through an unlawful fence at a point where defendant’s road passed along and…
2Cases cited16 opinions
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Berry v. St. Louis, Salem & Little Rock R. R.Supreme Court of Missouri · 1877
- Hughes v. Hannibal & St. Jo. R. R.Supreme Court of Missouri · 1877
- Peddicord v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Jackson v. FultonMissouri Court of Appeals · 1901
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3Cited by7 opinions
- Matthews v. McVayMissouri Court of Appeals · 1950
- Rinehart v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1904
- Midland Valley R. Co. v. HardestySupreme Court of Oklahoma · 1913
- M'cLean v. BerkabileMissouri Court of Appeals · 1907
- Evans v. McLalinMissouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.