Edwards v. Hannibal & St. Joseph R. R.
Supreme Court of Missouri
Appeal from Macon Court of Common Pleas. — Hon. William A. G-uyselman, Judge. The statute does not apply to injuries done at points where it would be improper, or is illegal for the railroad company to maintain fences. Indianapolis P. P. Co. v. Parker, 29 Iud. 471; Same v. Kinney, 8 Ind. 402; Same v. Oestel, 20 Ind. 231; Great Western P. P. Co. v. Morthland, 30 111. 457; Bennett v. Chicago Py. Co., 19 Wis'. 145; Davis v. Burlington P. P. Co., 26 Iowa 549; Packard v. III.
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Appeal from Macon Court of Common Pleas. — Hon. William A. G-uyselman, Judge. The statute does not apply to injuries done at points where it would be improper, or is illegal for the railroad company to maintain fences. Indianapolis P. P. Co. v. Parker, 29 Iud. 471; Same v. Kinney, 8 Ind. 402; Same v. Oestel, 20 Ind. 231; Great Western P. P. Co. v. Morthland, 30 111. 457; Bennett v. Chicago Py. Co., 19 Wis'. 145; Davis v. Burlington P. P. Co., 26 Iowa 549; Packard v. III. Cent. P. P. Co., 30 Id. 474; Smith v. Chicago P. P. Co., 34 Id. 509. The defendant was under no legal obligation to inclose…
1Opinion of the CourtHough, J.
— The petition in the present case contained, five counts, in each of which the plaintiff claimed double damages under the 43rd section of the railroad law, for certain hogs killed by defendant’s trains in the year 1873, within the corporate limits of the town of New Cambria, in the county of Macon. The cause was tried by the court without the aid of a jury; the finding was for the plaintiff, judgment for double damages was rendered on each of the counts, and defendant has appealed. It was alleged in each count that the hogs were negligently killed at a point within said corporate limits,…
2Cases cited8 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Crutchfield v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1876
- Ells v. Pacific RailroadSupreme Court of Missouri · 1871
- Tiarks v. St. Louis & Iron Mountain R. R.Supreme Court of Missouri · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Clardy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Russell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Wymore v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Acord v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1905
18 more not listed; retrieve them via the Exa API.