Rinehart v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Yernon Circuit Court. — Hon. Henry O. Timmonds, Judge. (1) Plaintiff was not an adjoining owner within the meaning or protection of the statute requiring railroads to fence their right of way through enclosed lands and cannot, therefore, recover. Ferris v. Railway, 30 Mo. App. 122; Geiser v. Railroad, 61 Mb. App. 459; Railroad v. Hollingsworth (Tex. Civ. App.), 68 S. W. 724; Railroad v. Huffman (Tex. Civ.
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Appeal from Yernon Circuit Court. — Hon. Henry O. Timmonds, Judge. (1) Plaintiff was not an adjoining owner within the meaning or protection of the statute requiring railroads to fence their right of way through enclosed lands and cannot, therefore, recover. Ferris v. Railway, 30 Mo. App. 122; Geiser v. Railroad, 61 Mb. App. 459; Railroad v. Hollingsworth (Tex. Civ. App.), 68 S. W. 724; Railroad v. Huffman (Tex. Civ. App.), 71 S. W. 779. (2) Kaufman, the adjoining, landowner, was entirely satisfied with the fence and gate along the right of way, and with its being open (if such were true,…
1Opinion of the CourtSmith, P. J.
This is an action under the provisions of section 1105, Revised Statutes 1899, to recover double damages for the killing of plaintiff’s colt by defendant’s engine and cars. The petition alleges that “said animal went upon the railroad of defendant and was killed, as aforesaid, at a point in Henry township, Vernon county, where said railroad passes through, along and adjoining uninclosed cultivated land; that at the point where said animal went upon said railroad, the defendant, on and before said date, failed to erect and maintain lawful fences on the sides of its road in this, to-wit: at the…
2Cases cited12 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Berry v. St. Louis, Salem & Little Rock R. R.Supreme Court of Missouri · 1877
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Peddicord v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Sill v. Burlington Northern RailroadMissouri Court of Appeals · 2002
- Oyler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- Midland Valley R. Co. v. HardestySupreme Court of Oklahoma · 1913
- Reed v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.