Mangold v. St. Louis, Memphis & Southeastern Railway Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. James L. Fort, Judge. (1) At common .law a railroad company was not required to fence its road, and is not required to fence independent of any statutory requisition. 1 Redfield on Law of Railroads (5 Ed.), page 492, sec. 11; 3 Elliott on Railroads, secs. 1180 and 1181, pages 1803 and 1807. (2) Under section 1105, Revised Statutes 1899, a railroad company is not required to fence anywhere, but-the statute simply dispenses with the…
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Appeal from Butler Circuit Court. — Hon. James L. Fort, Judge. (1) At common .law a railroad company was not required to fence its road, and is not required to fence independent of any statutory requisition. 1 Redfield on Law of Railroads (5 Ed.), page 492, sec. 11; 3 Elliott on Railroads, secs. 1180 and 1181, pages 1803 and 1807. (2) Under section 1105, Revised Statutes 1899, a railroad company is not required to fence anywhere, but-the statute simply dispenses with the proof of negligence in the first instance, when animals are killed where there are no fences, but where fences might…
1Opinion of the CourtGoode, J.
Plaintiff owns two farms or separate tracts of land in Butler county. In August, 1902, and January, 1903, defendant constructed a railway through the tracts but has never built fences, gates and cattle-guards along its right of way. The petition alleges those facts and that because of defendant’s failure to fence its right of way, plaintiff has been.deprived, for three years, of the use of one of the tracts for agricultural purposes and of the other tract for two years; that the lands are chiefly valuable for agriculture; that their value is five dollars per acre and that this was the amount…
2Cases cited4 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Emmons v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- Emmons v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
- Emmons v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1889
3Cited by3 opinions
- Missouri, O. & G. Ry. Co. v. BrownSupreme Court of Oklahoma · 1915
- Seaboard Air Line Railway Co. v. CoxetterSupreme Court of Florida · 1921
- Price v. St. Louis, Kansas City & Colorado RailroadMissouri Court of Appeals · 1908