Ehret v. Kansas City, St. Joseph & Council Bluffs Railway Co.
Missouri Court of Appeals
Appeal from BLidiarían Circuit Court, How. Joseph P. Grubb, Judge. Statement of case by the court. This action was begun in the circuit court for the recovery, under section 809, Revised Statutes, of damages on account of the killing of four steers, the property of plaintiff. The petition stated a good cause of action.
Read the full summary
Appeal from BLidiarían Circuit Court, How. Joseph P. Grubb, Judge. Statement of case by the court. This action was begun in the circuit court for the recovery, under section 809, Revised Statutes, of damages on account of the killing of four steers, the property of plaintiff. The petition stated a good cause of action. The evidence showed that there was no fence on the •east side of defendant’s railroad, north or south of the point where a certain public road crossed said railroad. The plaintiff’s evidence tended to show that the portion •of the public road, where it crossed defendant’s…
1Opinion of the CourtHall, J.
It is settled law in this state, “that it is the place where the animal got on the track, and not where it was killed, that fixes the liability of the road,” in a case based upon section 809, Revised Statutes. Moore v. Railroad Co., 81 Mo. 502; Nance v. Railroad Co., 79 Mo. 197; Cecil v. Railroad Co., 47 Mo. 246.
It is equally well established that it is not the duty •of a railroad company to fence its railroad at public-crossings. Morris v. Railroad Co., 79 Mo. 371; Sullivan v. Railroad Co., 72 Mo. 197; MoPheeters v. Railroad Co., 45 Mo. 24; Meyer v. Railroad Co., 35 Mo. 352.
This rule applies…
2Cases cited9 opinions
- Johnson v. McMurrySupreme Court of Missouri · 1880
- McPheeters v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Cecil v. Pacific RailroadSupreme Court of Missouri · 1871
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Meyer v. North Missouri RailroadSupreme Court of Missouri · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pearson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1889
- Marchand v. Town of Maple GroveSupreme Court of Minnesota · 1892
- Fort Worth & Rio Grande Railway Co. v. SwanTexas Supreme Court · 1904
- Hurd v. ChappellMissouri Court of Appeals · 1902
- Wasson v. McCookMissouri Court of Appeals · 1899
8 more not listed; retrieve them via the Exa API.