Brassfield v. Patton
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Hon. Gt. D. Burgess, Judge. The case is stated in the opinion. (1) While the railroad company was authorized to construct its railroad over and across the public road in question so as not to obstruct the same, yet it was not, and is not authorized to obstruct it by building fences along the right of way of the company, across such public road.
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Appeal from Grundy Circuit Court. — Hon. Gt. D. Burgess, Judge. The case is stated in the opinion. (1) While the railroad company was authorized to construct its railroad over and across the public road in question so as not to obstruct the same, yet it was not, and is not authorized to obstruct it by building fences along the right of way of the company, across such public road. Prom the plaintiff’s complaint, it is inferred that he grounds his right of recovery in this action upon the failure of the railroad company to build lawful fences across the public road. Or, that he has a right of…
1Opinion of the CourtRamsay, J.
— -This'is an. action under section 809 of the Revised Statutes, commonly known as the double-damage act, for killing a two-year-old colt, belonging to plaintiff. The statement filed with the justice of the peace, and upon which the cause was tried in the circuit court, omitting caption and formal allegations was worded as follows : “ That on or about the seventh day of'December, 1886, defendants, by its agents, trustees, servants and employes, while running a locomotive and train of •cars over said railroad, in' said. Liberty township, run the same over and against,'struck and killed one…
2Cases cited7 opinions
- Edwards v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Cecil v. Pacific RailroadSupreme Court of Missouri · 1871
- Ehret v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Asher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Morrow v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
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3Cited by3 opinions
- Hurd v. ChappellMissouri Court of Appeals · 1902
- Wasson v. McCookMissouri Court of Appeals · 1899
- Bumpas v. Wabash RailroadMissouri Court of Appeals · 1903