Lee v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from New Madrid Circuit Court — Non. Henry O. Riley, Judge. (1) This suit is based on the following sections of the statute. R. S. 1899, sec. 1103; Session Laws 1905, p. 106. (2) These sections have no application to the road in question in this case.
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Appeal from New Madrid Circuit Court — Non. Henry O. Riley, Judge. (1) This suit is based on the following sections of the statute. R. S. 1899, sec. 1103; Session Laws 1905, p. 106. (2) These sections have no application to the road in question in this case. It was never an established public road; but was at most a de facto road and the statute applies only to public roads, which the public authorities have established and recognized by working the same and exercising public control over them, which was never done in this case. R. S. 1899, sec. 9554; Sikes v. Railroad, 127 Mo. App. 326;…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to • plaintiff on account of personal injuries received through defendant’s negligence in failing to construct a sufficient approach to a public road crossing on its railroad. Plaintiff recovered and defendant prosecutes the appeal.
It appears plaintiff was traveling in a carriage on the public highway and approaching the crossing of defendant’s railroad when an embankment on which the approach to the crossing was constructed gave way and occasioned her injury. The horse, the carriage and plaintiff were all precipitated from the embankment to the lower…
2Cases cited7 opinions
- Zimmerman v. SnowdenSupreme Court of Missouri · 1885
- State v. WaltersSupreme Court of Missouri · 1879
- Sowders v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Roberts v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1891
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
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3Cited by5 opinions
- Patterson v. ThompsonMissouri Court of Appeals · 1955
- Strong v. SperlingMissouri Court of Appeals · 1918
- State ex rel. Simpson v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
- Albright v. Louisiana & Missouri River RailroadSupreme Court of Missouri · 1946
- Hartmann v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1955