Brown v. Wabash Railroad
Court of Appeals of Kansas
Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) Upon the undisputed facts in this case the plaintiff is not entitled to recover. Ellis v. Eailroad, 11 Mo. App. 126; Brown v. Eailroad, 20 Mo. App. 222. (2) The verdict is clearly excessive. Spolm v. Eailroad, 87 Mo. 84. (1) The negligent act complained of in this case is that defendant permitted its barbed-wire fence to remain on the ground and out in the public road.
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Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) Upon the undisputed facts in this case the plaintiff is not entitled to recover. Ellis v. Eailroad, 11 Mo. App. 126; Brown v. Eailroad, 20 Mo. App. 222. (2) The verdict is clearly excessive. Spolm v. Eailroad, 87 Mo. 84. (1) The negligent act complained of in this case is that defendant permitted its barbed-wire fence to remain on the ground and out in the public road. All the authorities hold that the person who places a dangerous instrument, thing or obstruction on or near the public highway will make himself liable to…
1Opinion of the CourtEllison, J.
This action is for damages inflicted on plaintiff’s horse. The trial was without a jury and the court found for plaintiff.
*23As the finding was for plaintiff we will state as facts what the evidence in his behalf tended to prove. At the place of accident in Boone county, near Browns Station, the railroad and the public road run parallel. The railroad right of way is fenced with barbed-wire, nailed to posts twelve or fourteen feet apart. At the place in controversy the fence was broken down leaving an irregular gap. Some of the wires were down on the ground out in the public road. It appears that…
2Cases cited5 opinions
- Witte v. StifelSupreme Court of Missouri · 1895
- Schmidt v. Kansas City Distilling Co.Supreme Court of Missouri · 1886
- Silvers v. NerdlingerIndiana Supreme Court · 1868
- Foster v. SwopeMissouri Court of Appeals · 1890
- Vale v. BlissNew York Supreme Court · 1868
3Cited by1 opinion
- Tockstein v. BimmerleMissouri Court of Appeals · 1910