Stanley v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. N. M. Hivan, Judge. One of the questions presented by this record is, is the defendant liable under the double damage act for injuring and killing swine entering upon its track in counties where the act to prevent swine from running at large has been adopted pursuant to the provisions of the act ? Section five of the act, Session Acts of 1879, page 158, provides: “That where said vote was taken and resulted in favor of restraining swine…
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Appeal from Cass Circuit Court. — Hon. N. M. Hivan, Judge. One of the questions presented by this record is, is the defendant liable under the double damage act for injuring and killing swine entering upon its track in counties where the act to prevent swine from running at large has been adopted pursuant to the provisions of the act ? Section five of the act, Session Acts of 1879, page 158, provides: “That where said vote was taken and resulted in favor of restraining swine from running at large ; and it shall not be lawful for swine of any age or description to run at large off the premises…
1Opinion of the Court
DeAbmobd, C. —
Plaintiff’s statement, filed with a justice of the peace of the proper township, contains, among other things, the following: “That on or about the eighth day of August, 1881, said defendant owned and was operating a railroad through Pleasant Hill township, Cass county, Missouri, and while so operating the same at the time above stated, at a place on said road in said Pleasant Hill township, where it is required by law to erect and maintain lawful fences on the sides of its road, but had failed to do so, by reason of which plaintiff’s hogs strayed onto defendant’s railroad…
2Cases cited11 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Edwards v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Coffey v. City of CarthageSupreme Court of Missouri · 1905
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- Walker v. City of KansasSupreme Court of Missouri · 1889
- Roe v. City of KansasSupreme Court of Missouri · 1889
13 more not listed; retrieve them via the Exa API.