Burton v. North Missouri Railroad
Supreme Court of Missouri
Error to Macon Circuit Court. The plaintiff seeks in this action to recover damages for the loss of two horses caused by their being run over by the cars of the defendant, the North Missouri Railroad Company. The plaintiff alleges in his petition that the accident occurred at a place where the road was not enclosed by a lawful fence; that it did not occur at a crossing of a public highway.
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Error to Macon Circuit Court. The plaintiff seeks in this action to recover damages for the loss of two horses caused by their being run over by the cars of the defendant, the North Missouri Railroad Company. The plaintiff alleges in his petition that the accident occurred at a place where the road was not enclosed by a lawful fence; that it did not occur at a crossing of a public highway. The evidence adduced showed that at the place where the accident occurred the road was not enclosed by a fence. It was near a crossing of a state roaá, about seventy or eighty feet beyond it. The court…
1Opinion of the CourtNapton, Judge
The fifth section of the statute concerning damages in the revised code of 1855 provides that “ when any animal or animals shall be killed or injured by the cars, locomotive, or other carriages used o'n any railroad in this state, the owner of such animal or animals may recover the value thereof in an action against the company or corporation running such railroad, without any proof of negligence, unskilfulness or misconduct on the part of the officers, servants or agents of the company ; but this section shall not apply to any accident occurring on any portion of such road that may be…
2Cited by1 opinion
- Robidoux v. CassilegiMissouri Court of Appeals · 1881