Swearingen v. M., K. & T. R. R.
Supreme Court of Missouri
Error to Howard Circuit Court. It has uniformly been held by the Supreme Court that this statute does not apply to such places as depot grounds, and that railroad companies are not required to fence at such places. (Lloyd vs. Pac. R. R. Co., 49 Mo. 200; Morris vs. St. L., K. C. & N. R. R. Co., 58 Mo. 81 ; Stonemanvs. Atl. & Pac.
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Error to Howard Circuit Court. It has uniformly been held by the Supreme Court that this statute does not apply to such places as depot grounds, and that railroad companies are not required to fence at such places. (Lloyd vs. Pac. R. R. Co., 49 Mo. 200; Morris vs. St. L., K. C. & N. R. R. Co., 58 Mo. 81 ; Stonemanvs. Atl. & Pac. R. R. Co., 58 Mo. 505; Karle vs. Kansas City, St. Joe. & O. B. R. Co., 55 Mo. 483.) There is nothing in the opinion of the court in Tiarks vs. The St. Louis &Iron Mountain R. R. Co. (58 Mo. 50), in conflict with these decisions. The facts in that case were entirely…
1Opinion of the CourtHough, Judge
This was an action to recover the value of certain live stock killed by the cars of defendant at Estil Station, in Howard county. The record has been prepared, and certified by the judge of *74the circuit court, in conformity with rule sixteen of this court, and contains the following statement of the proceedings of the trial:
“ The plaintiff introduced evidence tending to show that on the night of the 16th day of April, 1874, the stock described in the petition were killed by a train of cars operated by defendant, upon its road at Estil Station, in Howard county; that they were his property, and…
2Cases cited3 opinions
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Tiarks v. St. Louis & Iron Mountain R. R.Supreme Court of Missouri · 1874
3Cited by11 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- McGrath v. Detroit, Mackinac & Marquette R. R.Michigan Supreme Court · 1885
- Chicago, Burlington & Quincy Railroad v. HansIllinois Supreme Court · 1884
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
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