Acord v. St. Louis Southwestern Railway Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Eon. Jas. L. Fort, Judge. (1) It being conceded by plaintiff that his stock was killed in the switch limits of Day (Avert) Station, it goes without saying that defendant was not required to fence its right of way at that point. Hillemann v. Railroad, 99 Mo. App. 271, 73 S. W. 220; Morris v. Railroad, 58 Mo. 78; Johnson v. Railroad, 27 Mo. App. 379; Russell v. Railroad, 26 Mo.
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Appeal from Stoddard Circuit Court. — Eon. Jas. L. Fort, Judge. (1) It being conceded by plaintiff that his stock was killed in the switch limits of Day (Avert) Station, it goes without saying that defendant was not required to fence its right of way at that point. Hillemann v. Railroad, 99 Mo. App. 271, 73 S. W. 220; Morris v. Railroad, 58 Mo. 78; Johnson v. Railroad, 27 Mo. App. 379; Russell v. Railroad, 26 Mo. App. 368; Lloyd v. Railroad, 49 Mo. 199. (2) Whether or not the company could have fenced its right of way, having due regard to the convenient transaction of its business and the…
1Opinion of the CourtNortoni, J.
(after stating the facts). — ^Appellant’s first point in his brief and in fact the point in the case, is-: “It being conceded by plaintiff his stock was killed within the switch limits at Day (Avert) station, it goes without saying that defendant was not required to fence its right of way at that point.” The evidence shows that the road was unfenced not only within the limits of the switch but as much as one hundred or one hundred and fifty yards beyond the head or -apex of the switch and the heifer was killed on this unfenced track sixty or seventy yards from the switch-head. We think it…
2Cases cited51 opinions
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
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3Cited by15 opinions
- Sowders v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Riggs v. St. Francois County Railway Co.Missouri Court of Appeals · 1906
- Kirkpatrick v. Illinois Southern Railway Co.Missouri Court of Appeals · 1906
- Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910
- Dorsey v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
10 more not listed; retrieve them via the Exa API.