Ferris v. St. Louis & Hannibal Railway Co.
Missouri Court of Appeals
Appeal from the Lincoln Circuit Court, Hon. E. M. Hughes, Judge. It is obvious that the law of 1885 was a natural consequence of the decisions of this court and of the Supreme Court, that the railroad company is not liable under section 809 of the Revised Statutes, unless the animal was injured by contact with the engine or train of the railroad company. Boggs v. Railroad, 18 Mo. App. 274; Gilbert v. Railroad, 23 Mo.
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Appeal from the Lincoln Circuit Court, Hon. E. M. Hughes, Judge. It is obvious that the law of 1885 was a natural consequence of the decisions of this court and of the Supreme Court, that the railroad company is not liable under section 809 of the Revised Statutes, unless the animal was injured by contact with the engine or train of the railroad company. Boggs v. Railroad, 18 Mo. App. 274; Gilbert v. Railroad, 23 Mo. App. 65; Seibert v. Railroad, 72 Mo. 565. The testimony of the plaintiff discloses indisputably that the farm of his father, upon which the mare was being pastured, was fully…
1Opinion of the CourtRombauer, P. J.
This is an action against a railroad company for killing plaintiff’s mare. The statement upon which the cause was tried contained two counts. The first was based upon section 809 of the Revised Statutes, and sought to recover double damages as a penalty for defendant’s failure to maintain a sufficient fence at the place where the animal got upon the track. The second was based on the statute of March 31, 1885 (Laws 1885, p. 92), and sought to recover the. value of the animal and attorneys’ fees, for the causes provided in said act.
The plaintiff dismissed the second count upon the trial and…
2Cases cited8 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
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Peddicord v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Johnson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
- Geiser v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1895
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
- Rinehart v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1904
- Brandenburg v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1891
6 more not listed; retrieve them via the Exa API.