Legal Opinion

Gorman v. Pacific Railroad

Supreme Court of Missouri

Decided March 15, 1858PublishedCited by 53 opinions

Appeal from St. Louis Law Commissioner's Cowt. This was an action to recover the value of three head of cattle alleged to have been killed by defendant through the negligence of its agents, in running over them a locomotive. It was further alleged that the cattle were killed at a point on the road where it ran through inclosed fields; that defendant had failed to erect and maintain fences as required by law; that the cattle were killed by reason of this failure.

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Appeal from St. Louis Law Commissioner's Cowt. This was an action to recover the value of three head of cattle alleged to have been killed by defendant through the negligence of its agents, in running over them a locomotive. It was further alleged that the cattle were killed at a point on the road where it ran through inclosed fields; that defendant had failed to erect and maintain fences as required by law; that the cattle were killed by reason of this failure. The evidence showed that the cattle were killed at a point where the railroad ran through inclosed fields which were used as cattle…

1Opinion of the CourtScott, Judge

It has always been the understanding as to the law in this state that our statute concerning inclosures entirely abrogated that principle of the common law which exempted the proprietor of land from the obligation of fencing it, and imposed on the owner of animals the duty of confining them to his own premises. No conviction has more thoroughly occupied the public mind than this, and nothing would sooner arouse the attention of the community than an apprehension that the old rule of the common law was to any extent to be revived. As early as the 27th October, 1808, the act for regulating…

2Cases cited3 opinions

  1. Suydam v. MooreNew York Supreme Court · 1850
  2. Philadelphia, Germantown & Norristown Rail Road v. WiltSupreme Court of Pennsylvania · 1839
  3. Waldron v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1850

3Cited by53 opinions

  1. St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
  2. Clark's v. HannibalSupreme Court of Missouri · 1865
  3. H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
  4. Railroad v. CriderTennessee Supreme Court · 1892
  5. U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869

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