Murphy v. St. Louis & Southwestern Railroad
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Hon. Henry O. Riley, Judge. (1) The petition would have had to allege, either that the gate was opened by defendant, its servants, agents or employees, that defendant knew it was open or that it had been open so long that defendant should have known it was open and should have had it closed. Litton v. Railroad, 111 Mo.
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Appeal from New Madrid Circuit Court. — Hon. Henry O. Riley, Judge. (1) The petition would have had to allege, either that the gate was opened by defendant, its servants, agents or employees, that defendant knew it was open or that it had been open so long that defendant should have known it was open and should have had it closed. Litton v. Railroad, 111 Mo. App. 140; Railroad v. Kavanaugh, 163 Mo. 54. (2) The court should have given defendant’s instruction in the nature of a demurrer to the evidence. Goodrich v. Railroad, 152 Mo. 222. (3) All the cases hold that the railroad is held to only…
1Opinion of the CourtCox, J.
This is an action for double damages on account of the alleged killing of a steer belonging to plaintiff by defendant near Parma, New Madrid County.
The petition alleges that the steer strayed and went in and upon the railroad track and grounds of defendant by reason of the failure and neglect of defendant to erect and maintain good and lawful fences along the sides of its said road with gates securely hung with hooks and latches and kept shut at all necessary farm crossings and to construct sufficient cattle-guards at the point where the said steer entered upon defendant’s said road.
That the…
2Cases cited6 opinions
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Agnew v. JohnsonSupreme Court of Missouri · 1943
- Atchison, Topeka & Santa Fe Railway Co. v. KavanaughSupreme Court of Missouri · 1901
- Walthers v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Goodrich v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1899
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