Vanderworker v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Gasconade Circuit Court.— Hon. Rudolph Hikzel, Judge. ' (1) Although it appears from the plat of the town of Gasconade that the lines of the streets, marking their boundaries and location, did not extend across the lines marking the location and boundary of the railroad right of way, yet, where such plat shows that such streets are each laid out on both sides of such right of way, and extend up to its boundaries on each side, then such streets must be…
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Appeal from the Gasconade Circuit Court.— Hon. Rudolph Hikzel, Judge. ' (1) Although it appears from the plat of the town of Gasconade that the lines of the streets, marking their boundaries and location, did not extend across the lines marking the location and boundary of the railroad right of way, yet, where such plat shows that such streets are each laid out on both sides of such right of way, and extend up to its boundaries on each side, then such streets must be considered as laid out across such right of way, and the defendant would not be authorized to fence them up “which cross or…
1Opinion of the CourtGill, J.
This case is now before us on the second appeal. At the last term it was reversed and remanded for a new trial on account of an erroneous instruction given at plaintiff’s request. 48 Mo. App. 654. The issues have been again tried with a verdict and judg*169ment for $25 in plaintiff’s favor, and the defendant ■appealed.
As said before, the action was brought for the value of a cow which was run over and killed by one • of defendant’s trains at (Gasconade Station. The action is based on section 4428, Revised Statutes, 1889, which ■permits'a recovery for stock killed by a railroad within the limits…
2Cases cited8 opinions
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Wymore v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Russell v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
- Johnson v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1887
- Straub v. EddyMissouri Court of Appeals · 1891
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3Cited by1 opinion
- Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910