Eaton v. Mississippi River & Bonne Terre Railway Co.
Missouri Court of Appeals
Appeal, from the Circuit Court of St. Francois County. —Hon. Peter II. Pluck, Judge. (1) The injury complained of did not give a cause of action under the statutes of Missouri, imposing liability upon railroads for failure to fence; for the animal was not struck by a moving train, nor was' it frightened. Hughes v. Railway, 66 Mo. 325; Poster v. Railroad, 90 Mo. 116; Lafferty v. Railroad, 44 Mo. 290; Hesse v. Railroad, 36 Mo. App. 163; Lindsay v. Railroad, 36 Mo.
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Appeal, from the Circuit Court of St. Francois County. —Hon. Peter II. Pluck, Judge. (1) The injury complained of did not give a cause of action under the statutes of Missouri, imposing liability upon railroads for failure to fence; for the animal was not struck by a moving train, nor was' it frightened. Hughes v. Railway, 66 Mo. 325; Poster v. Railroad, 90 Mo. 116; Lafferty v. Railroad, 44 Mo. 290; Hesse v. Railroad, 36 Mo. App. 163; Lindsay v. Railroad, 36 Mo. App. 51; Gilbert v. Railway, 23 Mo. App. 65; Seibert v. Railway, 72 Mo. 565; Colbert v. Railway, 78 Mo. App. 176. (2) The statutes…
1Opinion of the CourtReynolds, P. J.
— Plaintiff commenced this action before a justice of the peace by filing a statement, in which he set out that defendant, a railroad corporation owning and operating a railroad passing through Randolph Township, in St. Francois County, on April 18, 1915, and for a long time prior thereto, negligently and carelessly failed to erect, keep and maintain fences along the sides of its railroad where it passes through' uninclosed lands in Randolph Township, and that, on the above date, by reason of defendant’s negligence plaintiff’s mare strayed in and upon the railroad, became entangled in a…
2Cases cited15 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Hill v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hawkins v. Burlington Northern, Inc.Supreme Court of Missouri · 1974
- Ingalsbe v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1922
- Scott v. Missouri-Kansas-Texas RailroadMissouri Court of Appeals · 1929
- Theener v. Kurn and LonsdaleMissouri Court of Appeals · 1940
- Hawkins v. Burlington Northern, Inc.Supreme Court of Missouri · 1974
1 more not listed; retrieve them via the Exa API.