Berry v. St. Louis, Salem & Little Rock R. R.
Supreme Court of Missouri
A'p'pcal from Crawford Circuit Court.—Hon. V. B. Hill, Judge. The defendant should have heen permitted to prove that the ox killed was trespassing in the field of Conger at the time he was driven or ran upon the track of defendant’s road. See 1st Redfield on Railways, Sec. 3, page 486. Ells v. Facific R. R. Co., 55 Mo., and authorities cited.
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A'p'pcal from Crawford Circuit Court.—Hon. V. B. Hill, Judge. The defendant should have heen permitted to prove that the ox killed was trespassing in the field of Conger at the time he was driven or ran upon the track of defendant’s road. See 1st Redfield on Railways, Sec. 3, page 486. Ells v. Facific R. R. Co., 55 Mo., and authorities cited. The statutory requirement that the company shall fence where the track passes through, along or adjoining enclosed or cultivated fields, was manifestly for the benefit of the adjoining land owners, whose stock, without fences and cattle guards, might…
1Opinion of the CourtHenry, J.
This was a suit before a justice of the peace to recover damages for the killing of a steer by a train of defendant’s cars, in August, 1874. There was a judgment against defendant in the justice’s court from which it appealed to the circuit court, where, on a trial anew, plaintiff again had judgment, from which defendant has appealed to this court.
The facts, as disclosed by the evidence, were that plaintiff’s steer got into the field of one Conger, through which the road of defendant passed, and that, in attempting to drive it from the field, it went on to defendant’s track through a gap in…
2Cases cited2 opinions
- Eames v. Salem & Lowell RailroadMassachusetts Supreme Judicial Court · 1868
- Van Valen v. Russell & AllenNew York Supreme Court · 1852
3Cited by25 opinions
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Peddicord v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
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