Sharp v. Q., O. & K. C. Ry. Co.
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court. — Eon. John P. Butler, Judge. (T) The statute is penal and a strict compliance With all of its provisions must he shown in order to sustain a recovery. R. S. 1899, sec. 1105; Barnett v. Railroad, 68 M'o. 56; Railroad v. Ziegler, 108 111. 304. (2) The giving of notice of an intention to build a fence is not required by the statute. McNear v. Railroad, 42 Mo.
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Appeal from the Sullivan Circuit Court. — Eon. John P. Butler, Judge. (T) The statute is penal and a strict compliance With all of its provisions must he shown in order to sustain a recovery. R. S. 1899, sec. 1105; Barnett v. Railroad, 68 M'o. 56; Railroad v. Ziegler, 108 111. 304. (2) The giving of notice of an intention to build a fence is not required by the statute. McNear v. Railroad, 42 Mo. App. 14. (3) A notice to repair is the only notice required or allowed by the statute where there is an existing fence. R. S. 1899, sec. 1105; McNear v. Railroad, supra. (4) Notice to repair must be…
1Opinion
ON REHEARING.
ELLISON, J. —
A motion for rehearing was sustained in this cause which complains of us for stating in the opinion that the case was tried in the circuit court on the theory that “if the law restraining swine *533were in force in Sullivan county, the fence plaintiff built would be a proper fence.” That is only half of what we stated. We stated that it had not only been tried in the loAver court on that theory, but that it was tried, or rather heard, in this court, on that theory. Both statements are true, and either is fatal to defendant’s appeal.
In the course of the hearing of…
2Cases cited4 opinions
- Reno v. JarrellSupreme Court of Missouri · 1901
- Disse v. FrankSupreme Court of Missouri · 1873
- Linahan v. BarleySupreme Court of Missouri · 1894
- Mister v. CorriganMissouri Court of Appeals · 1885