Ells v. Pacific Railroad
Supreme Court of Missouri
Appeal from Cooper Circuit Court. I. A contract by a railroad with a land-owner to fence the, road through his ground, is a good answer to him for killing his stock. {Indiana R.R. v. Petty, 25 Ind. 413; Johnson v. Milwaukee R.R., 19 Wis. 139; Corwin v. N. Y. & Erie R.R., 13 N. Y. 49; Talmadge v. R. & S. R.R., 13 Barb. 493 ; Towles v. R. & S. R.R., 18 Barb. 583 ; 2 Hill, N. Y. Com. Pleas, 496; Easter v. L. M., 14 Ohio St. 48 ; Cin. & Ham.
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Appeal from Cooper Circuit Court. I. A contract by a railroad with a land-owner to fence the, road through his ground, is a good answer to him for killing his stock. {Indiana R.R. v. Petty, 25 Ind. 413; Johnson v. Milwaukee R.R., 19 Wis. 139; Corwin v. N. Y. & Erie R.R., 13 N. Y. 49; Talmadge v. R. & S. R.R., 13 Barb. 493 ; Towles v. R. & S. R.R., 18 Barb. 583 ; 2 Hill, N. Y. Com. Pleas, 496; Easter v. L. M., 14 Ohio St. 48 ; Cin. & Ham. R.R. v. Waterman, 4 Ohio St. 424; 33 Oal. 280; St. Louis & Cin. R.R. v. Todd, 36 Ill. 409 ; Terre Haute R.R. v. Smith, 16 Ind. 102 ; 1 Redf. Railw. 466, § 6,…
1Opinion of the CourtBliss, Judge
Defendant leased and ran the Osage Valley & Southern Kansas Railroad, and plaintiff charges that the cars upon the road so leased run over and killed his mule and a colt, etc., and that they were killed upon a portion of the road not inclosed by a fence. We will only consider two of the defenses set up, which are, first, that the place where the animals entered upon the track was within the incorporated town of Boonville, and hence the company was under no obligation to fence the road; and, second, that the O. V. & S. K. Railroad had made a contract with the plaintiff to inclose the road with…
2Cases cited4 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- President of the Terre Haute & Richmond Railroad v. SmithIndiana Supreme Court · 1861
- Indianapolis, Pittsburgh & Cleveland Railroad v. PettyIndiana Supreme Court · 1865
- Meyer v. North Missouri RailroadSupreme Court of Missouri · 1864
3Cited by12 opinions
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
- Radcliffe v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Busby v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
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