Rowen v. Chicago Great Western Railway Co.
Missouri Court of Appeals
Appeal from the Worth Circuit Court.— Hon. P. G. Stepp, Judge. (1) The court erred in overruling defendant’s objections to the introduction of any evidence under the petition for the reason that it failed to state any cause of action and will not support the judgment. Morrow v. Railroad, 74 Mo. 82; Luckie v. Railroad, 67 Mo. 245; Johnson v. Railway, 76 Mb. 553; Cecil v. Railroad, 47 Mo. 246, 247; Cunningham v. Railroad, 70 Mo. 202; Gilbert v. Railroad, 23 Mo.
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Appeal from the Worth Circuit Court.— Hon. P. G. Stepp, Judge. (1) The court erred in overruling defendant’s objections to the introduction of any evidence under the petition for the reason that it failed to state any cause of action and will not support the judgment. Morrow v. Railroad, 74 Mo. 82; Luckie v. Railroad, 67 Mo. 245; Johnson v. Railway, 76 Mb. 553; Cecil v. Railroad, 47 Mo. 246, 247; Cunningham v. Railroad, 70 Mo. 202; Gilbert v. Railroad, 23 Mo. App. 65; Seibert v. Railroad, 72 Mo. 566. (2) The court erred in giving instruction number one for tbe plaintiff. Miller v. Railroad,…
1Opinion of the CourtSmith, P. J.
The statute (section 2611, Revised Statutes), provides that, “Every railroad corporation formed or to be formed in this state, * * * or any railroad corporation running or operating any railroad in this state, shall erect and maintain lawful fences on the sides of the road where the same passes through, along or adjoining inclosed or cultivated fields or uninclosed lands, with openings and gates therein, to be hung and have latches or hooks, so that they may be easily opened and shut, at all necessary farm crossings of the road, for the use of the proprietors or owners of the land adjoining…
2Cases cited9 opinions
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Edwards v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Perriquez v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Bowen v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1882
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3Cited by3 opinions
- Peery v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Winters v. HinesMissouri Court of Appeals · 1921
- Roberts v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1906