Creason v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Randolph Circuit Court. — Hon. A. H. Waller, Judge. (1) The court erred in sustaining defendant’s demurrer to plaintiff’s petition.
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Appeal from Randolph Circuit Court. — Hon. A. H. Waller, Judge. (1) The court erred in sustaining defendant’s demurrer to plaintiff’s petition. The petition alleges facts showing plaintiff entitled to recover of defendant double the value of the cow killed, under section 1105, Revised Statutes 1899, which said section, as applied to the circumstances attending the killing of plaintiff’s cow, is as follows: “Any railroad corporation running or operating any railroad in this State, shall erect and maintain lawful fences on the sides of the road where the same passes through, along or adjoining…
1Opinion of the CourtEllison, J.
This action was instituted in the circuit court of Randolph county to recover double damages for the killing of plaintiff’s cow by one of defendant’s engines. The case is founded on section 1105, Revised Statutes 1899, which requires railway companies to erect and maintain fences and cattle-guards. The trial court sustained a demurrer to the petition and plaintiff appealed in due course.
The material parts of the petition are as follows:
“That plaintiff was on the 24th day of March, 1908, the owner of a certain animal, of the value of $75.00, to-wit: A four year old short horn milch cow; that…
2Cases cited2 opinions
- Ringo v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Summers v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
3Cited by1 opinion
- Creson v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1910