Gerren v. Hann. & St. Joe. R. R.
Supreme Court of Missouri
Error to Linn Circuit Court. • I. Meadville was not incorporated, nor were the stock killed at a public crossing or highway, but were killed where tlie road was not fenced. (Iba vs. Tlie Hann. St. Joe. E. E. Go., 45 Mo., 472, 473; Wagn. Stat., 310, 3 LI, § 43.) • II. Plaintiff’s cause of action was not barred at tlie time of the commencement of this suit. (Wagn.
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Error to Linn Circuit Court. • I. Meadville was not incorporated, nor were the stock killed at a public crossing or highway, but were killed where tlie road was not fenced. (Iba vs. Tlie Hann. St. Joe. E. E. Go., 45 Mo., 472, 473; Wagn. Stat., 310, 3 LI, § 43.) • II. Plaintiff’s cause of action was not barred at tlie time of the commencement of this suit. (Wagn. Stat., 919, § 19; Shaw vs. Pershing 57 Mo., 416.) I. Defendant was under no legal obligation to fence its track where plaintiff’s stock was killed, viz: in tlie town of ' Meadville. (Meyer vs. I. M. E. R., 35 Mo., 352; Lloyd v. Pac.…
1Opinion of the CourtTories, Judge
This action was brought before a justice of the peace, on the 20th day of July, 1872, under the fifth section of the act of the General Assembly concerning “ Damages and Contributions” to recover damages for the killing of certain stock of plaintiff, by the cars used on the defendant’s railroad, at a point on said railroad where the same was not fenced.
The section of the statute under which the action was brought is as follows: “§ 5. When .any animal or animals shall be killed or injured by the cars, locomotive or other carriage, used oii any railroad in this State, the owner of such ■ animal…
2Cases cited2 opinions
- Meyer v. North Missouri RailroadSupreme Court of Missouri · 1864
- Wier v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1871
3Cited by29 opinions
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
- Frazee v. PartneySupreme Court of Missouri · 1958
- Partee v. St. Louis & S. F. R. Co.Court of Appeals for the Eighth Circuit · 1913
- Korb v. Bridgeport Gas Light Co.Supreme Court of Connecticut · 1917
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