Pearson v. Chicago, Burlington & Kansas City Railway Co.
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court. — Hon. G. D. Burgess, Judge. (1) There was no evidence as to where the horse came npon the railroad track. Bennett v. Railroad, 19 Wis. 145; Goodbar v. Railroad, 1 West. Rep. 183; Bremmer v: Railroad, 20 N. W. Rep. 687. (2) If it should be conceded that the horse went upon the track south of the cattle-guard where there was no fence, still that was upon depot grounds and there was no duty to fence.
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Appeal from the Sullivan Circuit Court. — Hon. G. D. Burgess, Judge. (1) There was no evidence as to where the horse came npon the railroad track. Bennett v. Railroad, 19 Wis. 145; Goodbar v. Railroad, 1 West. Rep. 183; Bremmer v: Railroad, 20 N. W. Rep. 687. (2) If it should be conceded that the horse went upon the track south of the cattle-guard where there was no fence, still that was upon depot grounds and there was no duty to fence. Lloyd v. Railroad, 49 Mo. 199 ; Swearingen v. Railroad, 64 Mo. 75. (3) Instruction one is erroneous in pemitting a recovery, even though the horse went upon…
1Opinion of the CourtEllison, J.
Plaintiff'brought this action under section 809, Revised Statutes, charging that his horse was killed by defendant’s cars at a point, in Sullivan county, where the road was not fenced and where the law required it should have been fenced. The.re was a verdict and judgment for plaintiff and defendant appeals.
The evidence, as disclosed by plaintiff’s abstract, shows that the horse was found with its fore-leg broken and with no other mark or wound save a wound on one hip. The place where found is near the town of Boynton, but whether in or outside the town limits .does not appear. There is a…
2Cases cited7 opinions
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Nance v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Ehret v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Welsh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1894
- Gilpin v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1906
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Jennings v. St. Joseph & St. Louis Railway Co.Missouri Court of Appeals · 1889
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
13 more not listed; retrieve them via the Exa API.