Carpenter v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — How. Samuel Davis, Judge. (1) The evidence showed that plaintiff was not the proprietor of, in fact had no right, title or interest in the Denham field. (2) In the next place plaintiff’s instruction number 1 does not submit to the jury whether or not the fence between the Bates (Kibler) and Denham fields was a good and lawful fence. Ferris v. Railway, 30 Mo.
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Appeal from Lafayette Circuit Court. — How. Samuel Davis, Judge. (1) The evidence showed that plaintiff was not the proprietor of, in fact had no right, title or interest in the Denham field. (2) In the next place plaintiff’s instruction number 1 does not submit to the jury whether or not the fence between the Bates (Kibler) and Denham fields was a good and lawful fence. Ferris v. Railway, 30 Mo. App. 122; Harrington v. Railroad, 71 Mo. 384; Rinehart v. Railway, 80 S. W. 910. (3) Plaintiff’s instruction number 1 did submit to the jury whether or not plaintiff’s horse escaped from “plaintiff’s…
1Opinion of the CourtEllison, J.
This action was brought for the damages done plaintiff by the killing of his horse. The plaintiff prevailed in the trial court. It appears that the action is founded on section 1105, Revised Statutes 1899, providing that railway companies shall provide and maintain gates in their fences at farm crossings and that if on account of not so providing them injury results by reason of cattle, horses, etc., escaping onto the railway track, the owner may recover “double the amount of all damages which shall be done” to such horses, cattle, etc. The petition in this case states a cause of action under…
2Cases cited8 opinions
- Young v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1889
- Moore v. DixonSupreme Court of Missouri · 1872
- Wood v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Chipman v. EmericCalifornia Supreme Court · 1855
- Balch v. MyersMissouri Court of Appeals · 1896
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