Phillips v. St. Louis, Memphis & Southeastern Railroad
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Hon. II. G. Riley, Judge. Aetion for double damages, appeal from judgment in favor of plaintiff. (1) The statute relied upon is penal and the burden lay upon the plaintiff to bring himself clearly within the statute, both as to his cause of action and the amount of damages for which a penalty was claimed. Penal statutes must be strictly construed.
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Appeal from New Madrid Circuit Court. — Hon. II. G. Riley, Judge. Aetion for double damages, appeal from judgment in favor of plaintiff. (1) The statute relied upon is penal and the burden lay upon the plaintiff to bring himself clearly within the statute, both as to his cause of action and the amount of damages for which a penalty was claimed. Penal statutes must be strictly construed. Nanz v. Railroad, 87 Mo. 280; Fusz v. Spaunhorst, 67 Mo. 256; Kreitzer v. Woodson, 19 Mo. 327; Howell v. Stuart, 54 Mo. 400. (2) At common law it is the duty of the owner of cattle to fence them in. Under onr…
1Opinion of the CourtGoode, J.
Plaintiff had a field on which a crop of corn was growing, inclosed by the same fence that inclosed the field of his neighbor. The neighbor’s field lay between him and the railway company’s right-of-way. The fence around the inclosure was good and sufficient; was, in fact, a lawful fence. "When the .railway company built its line, its servants threw down the fencing at various points and left it down without constructing cattle guards or fencing along its right-of-way. The consequence was that stock got in through the openings and destroyed plaintiff’s crop. Plaintiff sued for damages and…
2Cases cited5 opinions
- Berry v. St. Louis, Salem & Little Rock R. R.Supreme Court of Missouri · 1877
- Peddicord v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Emmerson v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
- Board v. St. Louis, Iron Mountain & Southern RailwayMissouri Court of Appeals · 1889
- Dean v. Omaha & St. Louis Railway Co.Missouri Court of Appeals · 1893
3Cited by3 opinions
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Reeder v. Crystal Carbonate Lime Co.Missouri Court of Appeals · 1908
- Marion v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907