Farmer's Bank v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) It appears upon the face of plaintiffs ’ petition herein that Edward Butts was the proprietor of certain lands adjacent to defendant company’s right-of-way in Lafayette county, and that the said lands of Butts abutting said right-of-way are “enclosed fields.”
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Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) It appears upon the face of plaintiffs ’ petition herein that Edward Butts was the proprietor of certain lands adjacent to defendant company’s right-of-way in Lafayette county, and that the said lands of Butts abutting said right-of-way are “enclosed fields.” It is further alleged that plaintiffs’ cattle in question escaped from plaintiffs ’ fields and passed through and across the said enclosed field of said Butts and thence onto the railroad through a gate in the latter’s field. It is not alleged that the cattle lawfully…
1Opinion of the CourtEllison, J.
Plaintiff Smith was the owner of certain cattle upon which plaintiff bank held a chattel mortgage. The petition alleges that the cattle were in the fields of one Butts, through or along whose lands the defendant’s railway passed; that the gate in the fence along the right-of-way was left open by defendant and had been for a long time, so that the cattle passed from Butts’ field onto the railroad track; that the greater number were killed while some were injured. Defendant filed an answer of general denial and, after *167the trial had been entered upon it, objected to any evidence being received…
2Cases cited6 opinions
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Haseltine v. SmithSupreme Court of Missouri · 1900
- Berry v. St. Louis, Salem & Little Rock R. R.Supreme Court of Missouri · 1877
- Rinehart v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1904
- Goldsmith v. St. Louis Candy Co.Missouri Court of Appeals · 1900
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3Cited by3 opinions
- Hodde v. NobbeMissouri Court of Appeals · 1920
- Carpenter v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1906
- Wages v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905