Ferguson v. Missouri Pacific Railroad

SHANGLER, Judge.

Plaintiff John H. Ferguson brought suit against the defendant Missouri Pacific Railroad Company for negligently failing to maintain and keep in repair a lawful fence along its right-of-way adjacent to plaintiff’s farm in violation of Section 389.650 RSMo, V.A.M.S. As a result, plaintiff’s cattle strayed through defendant’s fence upon its right-of-way and thereupon 33 of them were struck and destroyed by its train. During the course of the trial the parties stipulated the reasonable market value of the cattle lost thereby to be $5,-600.00, which was the amount returned by the…