Meyer v. North Missouri Railroad
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. I. Admitting that the scope and intent of the statute concerning “Damages” (R. C: 1855, p. 649, § 5) are broad enough to change the general rule of law, and include cities with their streets and squares, as well as country districts with their “ enclosed fields” -and “public roads,” it is contended that this case comes within the exception of “ any public highway” crossing, both in respect of the legal acceptation of the words,…
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Appeal from St. Louis Law Commissioner’s Court. I. Admitting that the scope and intent of the statute concerning “Damages” (R. C: 1855, p. 649, § 5) are broad enough to change the general rule of law, and include cities with their streets and squares, as well as country districts with their “ enclosed fields” -and “public roads,” it is contended that this case comes within the exception of “ any public highway” crossing, both in respect of the legal acceptation of the words, and in accordance with the general intent and "policy of the act. (3 Com. Dig. 27 ; 2 Black. 35 & n. 28.) A highway may…
1Opinion of the CourtDeyden, Judge
This was a suit by Meyer for the value of a cow killed by a locomotive and cars on the defendant’s railroad. The petition was framed under the 5th section of the Act concerning Damages (R. 0. 1855, p. 649), and alleged that the killing occurred, not on any portion of the road enclosed by a lawful fence, nor in the crossing of a public highway. The answer admitted the killing, but averred that it happened at the crossing of a public street or highway within the limits of the city of St. Louis. The issue was tried before the court without a jury, resulting in a verdict and judgment for the…
2Cited by13 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Gerren v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1875
- McPheeters v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Ehret v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
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