Jenkins v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from Saline Circuit Court, Hon. Eichard Field, Judge. The case is stated in the opinion. I. This was not a public road, nor a public road-crossing. Banks v. Railroad, 69 Mo. 222; Hodges v. Railroad, 71 Mo. 37; Wharton’s Law Dictionary, title, “Highway.” II. In the country it is only at public crossings that, railroads are exempt from the duty of fencing.
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Appeal from Saline Circuit Court, Hon. Eichard Field, Judge. The case is stated in the opinion. I. This was not a public road, nor a public road-crossing. Banks v. Railroad, 69 Mo. 222; Hodges v. Railroad, 71 Mo. 37; Wharton’s Law Dictionary, title, “Highway.” II. In the country it is only at public crossings that, railroads are exempt from the duty of fencing. Morris v. Railroad, 79 Mo. 367. In this case, Hough, C. J., referring to Walton v. Railroad (67 Mo. 58), says: “In that case it is true the reasoning of this court in Robinson v. Railroad (57 Mo. 494), was criticized, but the judgment…
1Opinion of the CourtHall, J.
This was an action for double damages on account of the killing of six of plaintiff’s cattle.
The question in the case was as to the duty of the defendant to fence its railroad where it crossed a certain lane or road. This lane was not on the plaintiff’s land, and with it he had no connection or relation whatever. The court gave the following instruction, among others, for the defendant:
“3. If the jury believe, from the evidence, that the road, or open space, by which the cattle went on to *582defendant ’ s railroad, liad been kept open and used as a - private outlet or way for the convenience oí…
2Cases cited4 opinions
- Morris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Brown v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Boyle v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Luckie v. Chicago & Alton RailroadSupreme Court of Missouri · 1882
3Cited by7 opinions
- Oregon Short Line R. R. Co. v. PfostIdaho Supreme Court · 1933
- State Ex Rel. McMaster v. District CourtMontana Supreme Court · 1927
- Gribben v. City of FranklinIndiana Supreme Court · 1911
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- City of St. Louis v. Bell Place Realty Co.Supreme Court of Missouri · 1914
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