Kennedy v. North Missouri Railroad
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. This suit was brought in the St. Charles Circuit Court in 1861, and was tried there upon an amended petition filed on the 18th of May, 1864, which stated that the defendant — a corporation chartered in 1851 — built a railroad through Warren county, which passed over and through the plaintiff’s farm, cutting off his residence from his water and timber, and that the defendant wilfully, maliciously and negligently failed to make the…
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Appeal from St. Charles Circuit Court. This suit was brought in the St. Charles Circuit Court in 1861, and was tried there upon an amended petition filed on the 18th of May, 1864, which stated that the defendant — a corporation chartered in 1851 — built a railroad through Warren county, which passed over and through the plaintiff’s farm, cutting off his residence from his water and timber, and that the defendant wilfully, maliciously and negligently failed to make the plaintiff a safe and good crossing over the railroad track; that the defendant offered to make a safe and good crossing above…
1Opinion of the CourtWagner, Judge
From the record in this case, it appears that the collision took place where the railroad crosses a private farm-crossing, on land belonging to respondent. From the peculiar topography of the country, and the location of appellant’s track, it seems that the cars could not be observed by a person travelling in the direction in which the respondent was going, till they were immediately up to the crossing. The parties were each travelling their respective roads; each had a right to exercise this privilege, in a lawful manner, without hindrance or disturbance; and each was equally bound to use…
2Cited by37 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Florida Railway & Navigation Co. v. WebsterSupreme Court of Florida · 1889
- Lampert v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1911
- Hunt v. City of BoonvilleSupreme Court of Missouri · 1877
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
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