Young v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Shelby Circuit Court. — Hon. Theodore Brace, Judge. The action being for double damages, the plaintiff’s instruction improperly placed the plaintiff’s right to recover on the fact that the fence was out of repair at the time of the injury. The defendant offered in its instructions to submit the question of its negligence, in failing to maintain the fence, to the jury. The giving of plaintiff’s instruction and the refusal of defendant’s second one was error.
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Appeal from Shelby Circuit Court. — Hon. Theodore Brace, Judge. The action being for double damages, the plaintiff’s instruction improperly placed the plaintiff’s right to recover on the fact that the fence was out of repair at the time of the injury. The defendant offered in its instructions to submit the question of its negligence, in failing to maintain the fence, to the jury. The giving of plaintiff’s instruction and the refusal of defendant’s second one was error. Clardy v. Railroad Co., 73 Mo. 576; Case v. Railroad Co., 75 Mo. 670.
1Opinion of the CourtHough, C. J.
This is a suit to recover double damages for the killing by defendant’s engine and cars, of plaintiff’s cow, in consequence of defendant’s alleged failure to maintain a good and sufficient fence as required by law. The plaintiff recovered judgment before the justice, and in the circuit court, and the defendant has appealed.
It sufficiently appears from the testimony that the animal in question came upon defendant’s road and was killed at a point where it was required by law to erect and maintain fences, and a fence had been erected at said point, but, at the time said cow entered, said fence…
2Cases cited4 opinions
- Clardy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
- Rutledge v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Walthers v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
3Cited by2 opinions
- Dietrich v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1901
- Foster v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1891