Thomas v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Clinton Circuit Court. — Hon. Geo. W. Dunn,. Judge. (1) The statement does not state facts sufficient, to constitute a cause of action. Luckie v. Railroad Co., 67 Mo. 245 ; Sloan v. Railroad Co., 74 Mo. 48; Bates v. Railroad Co., 74 Mo. 60; Johnson v. Railroad Co., 76 Mo. 558. (2) The statute required the fence, so far as this case is concerned, for the benefit of King, the adjoining owner.
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Appeal from, Clinton Circuit Court. — Hon. Geo. W. Dunn,. Judge. (1) The statement does not state facts sufficient, to constitute a cause of action. Luckie v. Railroad Co., 67 Mo. 245 ; Sloan v. Railroad Co., 74 Mo. 48; Bates v. Railroad Co., 74 Mo. 60; Johnson v. Railroad Co., 76 Mo. 558. (2) The statute required the fence, so far as this case is concerned, for the benefit of King, the adjoining owner. Berry ■ v. Railroad Co., 65 Mo. 172; Harrington v. Railroad Co., 71 Mo. 384; McDonnell v. Railroad Co.,-115 Mass. 564. King, the owner, having contracted with the defendant relieving-it from…
1Opinion of the Court
Ewing, C.
This was a suit under the double damage clause for killing stock upon the following statement:
“Plaintiff, O. W. Thomas, states that the Hannibal and St. Joseph Railroad Company is a corporation, made so by the laws of the State of Missouri, and as such can sue and be sued, that said company own or operate a railroad running through Jackson township, Clinton county, Missouri. That the said railroad runs through the farm off Austin R. King, on the south edge of Clinton county, in Jackson township, and that through said farm the said company have not their road fenced as the law…
2Cases cited7 opinions
- President of the Terre Haute & Richmond Railroad v. SmithIndiana Supreme Court · 1861
- Indianapolis, Pittsburgh & Cleveland Railroad v. PettyIndiana Supreme Court · 1865
- Wilder v. Maine Central RailroadSupreme Judicial Court of Maine · 1876
- St. Louis, Alton & Terre Haute Railroad v. ToddIllinois Supreme Court · 1865
- Terry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Atlantic Coast Line Railroad v. CoachmanSupreme Court of Florida · 1910
- Brown v. Southern Pacific Co.Oregon Supreme Court · 1899
- American Central Insurance v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898
- Lake Erie & Western Railroad v. PowerIndiana Court of Appeals · 1896
- Porter v. Illinois Southern Railway Co.Missouri Court of Appeals · 1909
4 more not listed; retrieve them via the Exa API.