Legal Opinion

Shankle v. St. Louis Southwestern Railway Co.

Missouri Court of Appeals

Decided April 28, 1908Published

Appeal from New Madrid Circuit Court. — Eon. Eenry O. Riley, Judge.

1Opinion of the CourtGoode, J.

This plaintiff recovered judgment, for damage done to his crops by marauding stock which entered his field in consequence of the failure of the defendant company to maintain a statutory fence. But one question is presented on the appeal namely; the alleged error of the court in refusing to grant an instruction that it was the duty of defendant to use reasonable precaution to protect his property, and if he planted his crop with knowledge of its exposed condition, it was his duty to take steps to repair, or have the fence repaired, where the stock entered on his field, and he could only…

2Cases cited2 opinions

  1. Buttles v. Chicago, Santa Fe & California Railway Co.Missouri Court of Appeals · 1891
  2. Carpenter v. St. Louis, Iron Mountain & Southern Ry. Co.Missouri Court of Appeals · 1886

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